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(영문) 서울북부지방법원 2018.05.25 2018고정565
사기등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 18, 2016, the Defendant was sentenced to imprisonment with prison labor for 8 months and two years of suspended execution for fraud, fabrication of private documents, and fraud of the above investigation document at the Seoul Central District Court on October 18, 2016, and the judgment was finalized on October 26, 2016.

1. Forgery of private documents and the uttering of a falsified investigation document;

A. A. Around March 7, 2016, the Defendant, at the “C” located in Gangnam-gu Seoul Metropolitan Government, without D’s permission, entered D’s personal information in the column for application (E) of the application, made at will, by arbitrarily signing the name next thereto, arbitrarily preparing one copy of the application for subscription to the KT mobile phone in the name of D’s name, forged the application for forgery, and submitted it to the staff in charge of the said agency who is aware of the fact that the application for forgery was duly formed.

B. Around March 14, 2016, the Defendant, without D’s permission, arbitrarily stated D’s personal information in the column for application for new purchase of the KT mobile phone (F and G) 2, and then arbitrarily signed the name and forged two copies of the D’s application for new purchase of the KT mobile phone in the name and used it. As such, the Defendant submitted the forged application form to the employee in charge of the said agency who is aware of the fact that it was duly formed.

2. As described in paragraph 1, the Defendant, by deceiving the victim KT, opened three mobile phones (F, E, G) and by allowing the nameless person to use the aforementioned mobile phone, acquired pecuniary benefits equivalent to KRW 1,082,020,020.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or H;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

1. Article 347(1) of the Criminal Act (the point of fraud) as to the crime, Article 231 of the Criminal Act (the point of fraud) and Article 234 of the Criminal Act as to the choice of punishment, and Article 234 of the Criminal Act.

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