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(영문) 서울동부지방법원 2012.09.26 2012고단1981
사기미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2012 Highest 1981] On July 7, 2012, the Defendant acquired a lost driver’s license in the vicinity of the “Emart Emp 90-1” located in Eunpyeong-gu Seoul Metropolitan Government Eunpyeong-dong 90-1, and was willing to subscribe to a mobile phone in the name of C.

1. At around 14:30 on August 10, 2012, the Defendant: (a) stated “C”, “E”, “E”, and “F Building 101” in each customer address column at the Gangdong-gu Seoul Metropolitan Government agency’s agency; (b) stated “C”, “E”, and “E” in each customer address column; and (c) voluntarily signed on the name following the written application for mobile phone subscription and the written consent for the utilization of personal information.

As a result, the Defendant forged the application form for mobile phone subscription in the name of C, which is a private document on rights and duties, and the written consent for the use of personal information, and exercised the forged application form for mobile phone subscription and the written consent for the use of personal information to G employees of the above agency who are aware of the forgery on the same page, as if it were the document duly formed.

2. On August 10, 2012, the Defendant attempted to commit fraud: (a) around 14:30, at the agency of Gangdong-gu Seoul Metropolitan Government, presented to G a forged application for the purchase of a mobile phone; and (b) submitted a written consent for the use of personal information to G; and (c) applied for the purchase of a mobile phone to G as if he/she had a legitimate right to purchase a mobile phone in his/her own name as C; and (d) while G was going through the procedure for the purchase of a mobile phone, he/she was arrested of the police officer called upon receiving a report on the wind that C

As a result, the Defendant, by deceiving G, attempted to obtain the “SKY bera 2” cell phone of “SKY 2” cell phone valueing to KRW 853,00,000 in the market value of the victim (ju) LG plplus possession, and did not bring about such intent and did not commit an attempted crime.

[2012 Highest 202]

1. On July 7, 2012, the Defendant: (a) was owned by the victim C in the vicinity of the Empt 90-1, Eunpyeong-gu, Seoul, Embaco-dong 90-1; and (b) was lost by the victim C.

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