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(영문) 창원지방법원 2015.05.28 2015고단198
사기등
Text

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

Reasons

Criminal facts

On February 7, 2013, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for fraud, etc. at the Busan District Court, and the judgment was finalized on February 15, 2013. On January 13, 2015, the Changwon District Court sentenced 6 months of imprisonment and 2 months of imprisonment for fraud, etc. at the Changwon District Court, which became final and conclusive on April 10, 2015.

"2015 Highest 198"

1. Around 13:00 on May 21, 2014, the Defendant made a false statement to the victim E, who was found in order to purchase AphoneS5 in a mobile phone agency of “D” that the Defendant works as an employee, “When preparing a mobile phone application, he/she will send a mobile phone at his/her house after this framework.”

However, even if the cell phone in the name of the victim is opened, there was no intention or ability to send the cell phone to the victim.

The defendant had the victim prepare an application for the mobile phone entry at the seat, i.e., he received 816,000 AphoneS5 at the market price of the victim's name and acquired it by fraud.

"2015 Highest 407"

2. On August 26, 2013, the Defendant forged private documents: (a) at the mobile phone agency of “D” trade name in which the Defendant works as an employee in Kimhae-si, the Defendant entered the name of “F”, “G”, and “G” in the customer name column of the application form for subscription to the lelebane with an examination color pen; and (b) signed the name of “F” in the subscriber column with the name of “G”, resident registration number column, and address column.

Accordingly, for the purpose of exercising, the Defendant forged a copy of the F F's application for membership in the name of F with respect to rights and obligations.

3. The uttering of the above investigation document, the unlawful uttering of the official document, and the fraud, at the same time, at a place as in Paragraph 2, the defendant, who is aware of the forgery, shall submit one copy of the forged application to the staff in charge of the victim (the State) to the said staff as if he were a document duly formed, and shall submit a copy of the F resident registration certificate in the name of the Kim Sea market, an official document, to the said staff.

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