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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.
Reasons
Punishment of the crime
[2013 Highest 2947] F is a person who operates a mobile phone sales store in the trade name of “H” at the Yeonsu-gu Incheon Metropolitan City G Apartment.
On February 2013, the Defendant and F conspired to open a mobile phone by stealing another person’s name and receive opening fees, etc. and distribute it. Defendant A purchased data necessary for opening a mobile phone from an unspecified number of individuals, such as a copy of personal information and identification card, and F decided to play a role of opening a mobile phone by stealing another person’s name based on data that Defendant A sought.
1. On June 28, 2012, Defendant A purchased personal information and copies of identification cards from “J” from “I,” and “H” office of “H” office of “H,” Defendant A signed on the customer information column in J, K, and Incheon Jung-gu L” and “J” on the customer registration column and signed on the same name.
As a result, Defendant A forged a new service contract under the name of J, which is a private document concerning rights and obligations without authority for the purpose of uttering in collusion with F, sent it to SK Telecom staff who is aware of such forgery in that form by facsimile as if it was a document duly formed, and used it thereafter, and forged and exercised 8 copies of a new service contract under the name of 6 persons in total eight times from September 5, 2012, as shown in attached Table 1.
2. In collusion with F, Defendant A submitted a new service contract under the name of J, which was forged as set forth in paragraph 1, to the victim SK Telecom at the same time and at the same place, and filed an application for joining a mobile phone under the name of J.
However, in fact, Defendant A and F did not have obtained consent from J to the application for the mobile phone entrance, and even if they subscribed to the mobile phone under J's name, they should pay the price.