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(영문) 광주지방법원 2015.11.11 2015고정1507
사기등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant, as a friendship of C, was operating E (Handphone sales store) in Nam-gu, Nam-gu, Gwangju-si, with the use of the above F wife F of C and C in order to take advantage of the victim SK Telecom and to use the Handphone and to take the Hand phone by fraud.

On March 26, 2013, the Defendant joined a copy of the Defendant’s resident registration certificate in the above E, namely, the victim SK Telecom in C’s name, four handphones, and one handphones in his wife F’s name, respectively.

However, in fact, the Defendant did not have taken part in the above C and F’s consent, and even if using the above handphone, there was no intention or ability to pay the charge.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) concluded a contract with the victim to purchase a Handphone; and (c) by using the said handphone from March 26, 2013 to July 2013, the Defendant acquired pecuniary benefits equivalent to the said amount by imposing charges of KRW 8,011,740 in total.

2. Forgery of private documents;

A. On March 26, 2013, the Defendant: (a) had the mind to open a Handphone in the name of the said E; (b) had written “C”, “G”, and “C” in the name column of the new service contract in the name of the said E; and (c) had written in the name column of the address column, “C”, “CF240S” and “C” in the name of the bank name column of Gwangju Metropolitan City; and (d) had written in the model name column, “CF240S”, “C” and “J”, respectively, in the serial number column; and (e) signed “C” following the said name.

B. On March 26, 2013, the Defendant had the mind to open a Handphone in the name of the above E, and entered “C”, “G”, and “G”, in the name column of the new service contract in that place, into the name column of the resident registration number column, “Seoul Metropolitan City Seo-gu, Seoul Metropolitan City H”, in the name column of the address column, “I”, “I”, “F240S”, and “K” in the serial number column respectively.

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