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(영문) 부산지방법원 2017.08.31 2017고정37
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On February 2, 2014, the Defendant received a request from B to open a mobile phone opening from B, and knew that B had suspended his/her mobile phone service for about two months after the opening of the mobile phone under the name of B, and had been aware of the fact that B had applied for change of equipment of the aforementioned mobile phone using his/her personal information without permission.

1. On May 13, 2014, the Defendant, such as a private electronic record, drafted an application for change of the mobile phone devices in B’s name by using the computer management system without B’s consent or permission, and forged another person’s electronic records on rights and duties for the purpose of interfering with business affairs related to change of mobile phone devices.

2. The Defendant: (a) sent an application for change of mobile phone devices in the name of B, as described in paragraph (1), at the time and place specified in paragraph (1), to the KT through a computer system; and (b) exercised the electronic records, etc.

3. The defrauded, even if he opened and used the mobile phone in B’s name at the time and place as stated in paragraph (1), did not have any intent or ability to pay the said price, he entices the employees in charge of the victimized person by transmitting the application for change of the mobile phone device in B’s above name to the case corporation via the computer system. The defrauded, who was provided the telecommunications service for one cell phone and its mobile phone from the victimized person, obtained the pecuniary benefits equivalent to KRW 690,810 and KRW 278,430 of the mobile phone price and KRW 969,240 of the mobile phone price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a copy of the new application form, a copy of the detailed statement on telephone number charges;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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