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(영문) 부산지방법원 2016.07.06 2016고정1049
사기등
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On August 2, 2011, the Defendant: (a) stated that the fact in the office C, located in Busan Jin-gu, Busan, without obtaining consent from D, that the Defendant entered “D”, “E”, “E”, “G”, and “G” in the mobile phone number column in the customer name column of the air cleaner (Lease) lease contract; and (b) stated “D”, “E”, “E”, and “G”, and “B” in the mobile phone number column.

Accordingly, for the purpose of uttering, the defendant, without authority, has set forth two chapters of a siren lease contract in the name of D, a private document related to rights and obligations.

2. The Defendant, at the above date and place, submitted two copies of the rental agreement in the name of the D, forged at the above time and at the above location, to the erogwa Co., Ltd., which was unable to identify the forgery.

3. In fact at the above date, time, place, etc., the Defendant: (a) instead of having obtained D’s consent to the lease contract, such as air cleaning; (b) instead, the Defendant deceptioned the victim by submitting to the employee in charge, who was unable to identify the name of the victim, i.e., e., the victim’s name.

On August 3, 2011, the Defendant, by deceiving the victim as above, obtained the delivery of one air cleaner (a model name: APM-1010DH) and one smoke (BB08-S) from the injured party, and acquired it by deception.

Summary of Evidence

1. Statement made by the police with regard to D, and statement by mail to I;

1. A rental agreement and a detailed statement of financial transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 231 of the Criminal Act (the point of Article 231 of the same Act), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document) of the same Act concerning the facts of crime, and Article 347 (1) of the Criminal Act (the point of fraud);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (inter-Korean between crimes of gambling documents for each of the above investigations);

1. Selection of penalty;

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