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(영문) 서울북부지방법원 2014.11.25 2014고정851
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 26, 2013, the Defendant was sentenced to a suspended sentence of two years and 120 hours of social service at the Seoul Central District Court’s imprisonment with prison labor for fraud, etc. on October 26, 2013. The judgment became final and conclusive on June 10, 2014.

1. On October 3, 2012, the Defendant forged private documents at D mobile phone agencies located in the first floor of the building located in Dongdaemun-gu Seoul Metropolitan Government, stating “E”, “F”, “F”, “E” in the customer address column, and “E” in the applicant column, without authority, for the purpose of exercising the right.

As a result, the Defendant forged a letter of application for membership in the name of E, a private document on rights and obligations.

2. The Defendant, at the above date, at the above time, submitted one copy of the application for forgery to H, who is unaware of the circumstances, as if it were the document duly formed.

3. The fraud accused committed the following acts in the above date, time, place, and place as E, and the above H stated that “it would have been placed in the house,” and the above H stated that “the gallon lusular phone machine was changed first.”

However, even if the above mobile phone was delivered by the victim, the defendant did not have an intention to pay the price immediately.

As above, the Defendant, by deceiving the victim, obtained one cellular phone of Samsung Talgal Y3, which is equivalent to the market value of 994,400 won from the victim and acquired by the victim.

Summary of Evidence

1. Prosecutions and police suspect interrogation records of the accused;

1. The police statement of H;

1. Documents pertaining to the opening of a mobile phone (application form);

1. Previous convictions in judgment: To apply the summary agreement of the case, auxiliary statements, and applicable statutes of each judgment;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;

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