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Reasons
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(영문) 대전지방법원 2020.12.17 2019고정131
사기등
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1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. The Defendant conspired with B to forge a mobile phone application form using another person’s identification card, thereby making the Defendant aware of the mobile phone, and thereby inducing B to introduce a person who operates a mobile phone agent with a face-to-face identity card, and the Defendant, by directly using another person’s identification card, intended to open and use the mobile phone application form and then receive it through the mobile phone.

On April 16, 2016, the Defendant and B introduced the Defendant to D'E of the D operation in the Dong-dong, Seoul, and waiting outside the store. The Defendant stated in the F subscription application, "G" in the subscriber column, "H on the date of birth", and "IB H on the customer address column," and written in the applicant column, "G" and signed next to that.

As a result, Defendant and B forged a mobile phone entrance application (K) in the name of G, which is a private document on rights and duties, for the purpose of exercising them in collusion.

2. The Defendant and B conspired to use the aforementioned investigation document, and at the same time and place, delivered the application form for cell phone subscription prepared by forging it to the said D as if it were a document duly formed.

3. The fraud, Defendant B, in collusion, prepared an application for mobile phone accession at the above date, time, and place, and presented G’s resident registration certificate acquired to the victim D by an improper means to the victim D, thereby leading the victim as if he were G, and deceiving the victim.

The defendant was obtained from the victim, that is, from the victim, one cell phone of galtho S7 mobile phone which is equivalent to the market value of 880,000 won.

Summary of Evidence

1. Police suspect interrogation protocol of the accused (number 18);

1. The suspect interrogation protocol of the police as to B;

1. Each police statement concerning D;

1. Investigation report and resident registration certificate; and

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