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(영문) 부산지방법원 2016.11.10 2016고단5709
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On May 11, 2015, the Defendant: (a) stated “BO” in the customer name column, “BP” in the date of birth in the “BP”, “BP” in the “BP”, and “BO” in the “BO” column; and (b) written in the “BO” in the “BO” column; and (c) written in the “BO” in the “BO” column; and (d) written in the “O” column; and (d) written in the name of the applicant/subscriber, the Defendant forged one application form for mobile phone entry in the name of BO, which is a private document concerning rights and duties, for the purpose of exercising his/her rights and duties; and (e) submitted it to an employee under the name of CO who was unaware of the forgery on the same day by transmitting the application form to the said employee, as if the said application was duly constituted.

2. The Defendant, at the above time and place, submitted an application for entering a counterfeited mobile phone in the name of BO to K, and opened the mobile phone, and subsequently, took place as if he had opened the mobile phone normally to the employees under the name-free circumstances belonging to the victim, a mobile phone distributor, who is aware of such fact, as if he had opened the mobile phone, and then he received one mobile phone from the said employee as if he had opened the mobile phone normally, and thereby, he did not pay 928,160 won in total and the installment amount.

3. The Defendant violated the Personal Information Protection Act, at the above time and place, filed an application for membership of a mobile phone with a resident registration number or a mobile phone number using a mobile phone without the consent of the victim BO who is the subject of information, and used the personal information more than the scope of the purpose of collection without the consent of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with regard to BO;

1. A copy of the application for entry, and a detailed statement of telephone number tax rates;

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