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(영문) 서울동부지방법원 2018.06.05 2018고정397
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On October 16, 2015, the Defendant made a false statement to the victim C through B, stating, “The Defendant would give the Handphones to the victim KRW 100,000 per week a week, the Handphones charge to be paid at the cost, and will be terminated without any problems thereafter.”

However, even if the defendant opens a Handphone in the name of the victim, the defendant did not have any intention or ability to terminate the Handphone on behalf of the Handphone, or the Handphone.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) opened four handphones from around that time to February of the same month; and (c) had the victims impose a total of KRW 3,418,290 on the penalty for termination of handphones and the charge for use of handphones; and (d) obtained pecuniary benefits equivalent to that amount.

2. On October 22, 2015, the Defendant forged two copies of the application form for a Handphone in the name of “E” agency located in Mapo-gu Seoul Metropolitan Government, stating that the Defendant is “C”, “CF” in the bank account number column, “C” in the application form column, “C” in the number number column, and “C” in the number transfer information column, “C” in the number transfer information column, and “C” in the number transfer information column, for the purpose of exercising rights and obligations.

3. The Defendant, at the above date, exercised the above investigation document as if he were a document duly formed with two copies of the application form for the Handphones, to an employee of the above Handphone agency who was aware of the forgery.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the complaint, application for membership and relevant documents;

1. Article 347(1) of the Criminal Act applicable to the crime in question, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act.

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