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(영문) 대전지방법원 2014.06.12 2014고정721
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 August 13, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Daejeon District Court on August 13, 2013, and the said judgment became final and conclusive.

On December 10, 2012, the Defendant found “C” located in Daejeon Dong-gu, Daejeon, and ordered two cell phoness to employees D who were aware of it.

Although the Defendant presented a copy of the E’s resident registration certificate previously possessed, and opened a mobile phone in the name of “E”, a private village resident. However, E did not have consented to lending the name of opening a mobile phone even though he did not have a private village resident.

The defendant prepared two copies of an application for joining a mobile phone with the name, resident registration number, etc. of E, and signed and signed in the name of E, and forged two copies of private documents concerning rights and duties without authority, and fraudulently used E's resident registration number.

The Defendant continued to submit two copies of the forged mobile phone entry application form as above to the employee D who may know of the fact, and acquired two mobile phones from the victim D (total market price of KRW 2,178,00) in the same place and acquired them by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An application for joining each mobile phone;

1. Previous convictions indicated in judgment: Criminal records, references to criminal records, amounts of dispositions and results of confirmation, application of Acts and subordinate statutes to the persons concerned;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 37 subparag. 10 of the Resident Registration Act, and the choice of fines for each of the fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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