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(영문) 대전지방법원 공주지원 2015.02.27 2014고단243
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Each of the facts charged in this case.

Reasons

Punishment of the crime

The Defendant operated a mobile phone sales store from June 2012 to February 2014 with the trade name of “D” in Cheongyang-gun C.

1. Around July 19, 2013, the Defendant forged a private document under the name of E, which is a private document concerning rights and obligations, and forged one copy of an application for subscription under the name of E, which is a private document concerning rights and obligations, for the purpose of exercising the signature of E in the applicant E’s name, using a pen-type on the “Olleh Moble” application form kept at the aforementioned mobile phone sales store, and using the forged document as if it were a document duly formed, from March 25, 2013 to February 3, 2014, using the telecommunication cans program to an employee whose name is not known at that time, and using the forged document as if it were a document duly formed. From March 25, 2013 to February 3, 2014, the Defendant forged the falsified document as described in attached Table 1 by the aforementioned method, and exercised the falsified document as a total of 158 copies of the application form.

2. On July 19, 2013, the Defendant sold a mobile phone from the aforementioned mobile phone sales store to E in the same manner as described in the foregoing paragraph 2, and in fact, the Defendant sent a forged application for subscription to employees of the victim(s) and made it possible to use telecommunications services by opening the said mobile phone through the aforementioned mobile phone sales store.

However, the defendant did not have sold a mobile phone to E at will, and opened the mobile phone as if he sold the mobile phone using other person's information, and only attempted to sell the mobile phone to the collection business entity of the mobile phone, and did not have the intention or ability to make the above mobile phone price paid properly.

Nevertheless, the defendant deceivings the victim as above, and thereby is a mobile phone of the amount of 89,00 won at the market price from the victim.

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