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(영문) 춘천지방법원 강릉지원 2013.09.11 2013고단427
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On May 3, 2012, the Defendant forged private documents: (a) stated “AJ” in the name column, and “AK” in the resident number column in the new service contract and the paper of the sales contract to provide terminal devices, which an AI employee had in front of AH award; and (b) stated “AJ” in the resident number column as “AJ” and “AK” in the “AJ” in the name of the Defendant. On the day immediately preceding the day, AJ had the Defendant undergo a private person on the name of the Defendant.

Accordingly, for the purpose of exercising, the defendant has forged a new service contract under the name of AJ, which is a private document on rights and obligations, and a contract for the installment of a terminal.

2. At the same place as above 1, the Defendant: (a) delivered a forged new service contract and a sales contract for terminal devices to an AI employee who is unaware of the forgery, as seen above, as if the document was duly formed; and (b) exercised it.

3. The Defendant, at the same place as the above paragraph 1, presented a forged new service contract, one copy of the terminal copy contract, one copy of the vehicle driver's license, and one copy of the AJ contract, and as if the AJ obtained the AJ's permission.

The defendant received one cell phone of the amount of KRW 99,900 from the victim who was accused of this, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to AJ by the police;

1. Application of Acts and subordinate statutes of a new service contract;

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of imprisonment for a crime

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37 and Article 38(1)2 of the Criminal Act shall be the most severe punishment;

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