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(영문) 수원지방법원 2017.08.10 2017고정1481
사기등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On November 29, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act by the District Court of Jung-gu on August 29, 2016, and the judgment became final and conclusive on February 22, 2017.

[Criminal facts] The defendant is a person who works as a tenant in C (State) located in Osan City B.

1. On December 12, 2015, the Defendant: (a) opened a cell phone number E with access to the computer network at the KT headquarters within the above C, without the consent of D (28 taxes, in which the Defendant entered the computer network at the mobile phone number; (b) made the applicant’s name, “D”, “date of birth”, and “G” and made an electronic signature in the applicant column; and (c) forged electronic records in the name of D by transmitting the applicant’s resident registration certificate cans attached to the cans of the D’s resident registration certificate.

2. At the time and place specified in paragraph 1, the Defendant: (a) delivered one copy of the forged mobile phone application to KT employee who is aware of the forgery as if it were a document duly formed.

3. The criminal defendant, by stealing the name D, has opened a new mobile phone and received a mobile phone device by using the false name D, and had the criminal intent to acquire the money by means of shorting it.

The Defendant, at the time and place specified in paragraph 1, by deceiving the Victim KT by stealing the name of the victim, such as paragraphs 1 and 2, and by deceiving Samsung Tallon 5 mobilephones with KRW 850,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A new application for a mobile phone;

1. Copy of resident registration certificates;

1. Previous convictions: Inquiry of case summary information and application of the text of the judgment;

1. Relevant legal provisions concerning criminal facts, Article 232-2 of the Criminal Act (the point of private electronic records creation), Articles 234 and 232-2 of the Criminal Act (the point of exercising electronic records of the above author's company), Article 347 (1) of the Criminal Act (the point of fraud), and selection of each fine;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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