Text
Defendant
A shall be punished by imprisonment for four months.
However, for one year from the date this judgment becomes final and conclusive, the above sentence shall be imposed against Defendant A.
Reasons
Punishment of the crime
"2015 Highest 306": Defendant A
1. On July 26, 2014, the Defendant: (a) opened a mobile phone in the name of “H” mobile agency located in G in Gyeonggi-si, Gyeonggi-do; (b) even with knowledge of the forgery of a new contract under the name of “H” and a contract for the installment transaction of a device, the Defendant submitted the said contract to “H agency” as if the said contract was duly completed.
Accordingly, the defendant held the above investigation document separately.
2. In spite of the fact that the Defendant was to open a mobile phone by stealing the name of I through the aforementioned forged new contract and the contract for the installment transaction of a device at the above time and at the above place, the Defendant, as if he was a normal mobile phone opening, opened one cell phone with the victim SHV-E400S market price 79,700 won in the name of I, and did not pay 105,850 won of the mobile phone for two months.
Accordingly, the defendant acquired the above mobile phone from the victim, and acquired the pecuniary profit equivalent to 105,850 won.
"2015 Highest 416": Defendant A
1. On May 2014, the Defendant, while working as a member of K in the vicinity of the Mapo-gu Seoul Mapo-gu J Station, had prepared a contract or identification card copy necessary for the opening of the Handphone and received a certain fee through the “L operating H agency” and used the Handphone to open the Handphone and receive a certain fee. Of May 2014, in order to enhance the performance of the opening of the Handphone, the Defendant was willing to arbitrarily receive the file of the Handphone opening which recorded another person’s personal information from the non-fluor of his name in Busan, to open the Handphone opening from his/her name.
Accordingly, on May 22, 2014, the Defendant, at the above K, received a new service contract in which “M” and “N” are indicated in the customer name column from the person who was not the name of Busan in Busan, and the file for the contract for the installment transaction of a terminal, from the customer name column.