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(영문) 대구지방법원 안동지원 2019.09.03 2019고단259
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 2014, the Defendant had been working as a shop in C where he had been permanently residing in the territory of C in a case where B had operated the private document forgery or the display of the private document.

Around January 6, 2014, the Defendant entered the aforesaid agency’s fact as “E” in the column for the applicant to enter the “F” mobile phone, although not delegated by E to open the mobile phone from E, and submitted to G who is aware of the forgery, an application for entering the mobile phone in the name of E, a private document on rights and duties, for the purpose of exercising the right and duties, and subsequently, submitted it as if it was duly established.

2. The Defendant, at the time and place specified in paragraph (1), exercised as if he/she had duly formed an application for entering a counterfeited mobile phone in the name of E in the same manner as set forth in paragraph (1), and opened a mobile phone in the name of E, and requested the victim G-related company to issue a mobile phone device as if he/she had opened the mobile phone normally and became aware of such fact.

However, the defendant was planning to arbitrarily dispose of the mobile phone after taking advantage of the title E, and there was no intention or ability to pay the mobile phone charges normally.

As seen above, the Defendant deceivings the person in charge of the victim company and received a mobile phone terminal of 954,800 won at its market price.

3. Around July 21, 2014, the Defendant: (a) purchased JK5 car from H at the time of permanent residence on July 21, 201, and (b) held a mortgage to secure the performance of the obligation of KRW 27,600,000 (the repayment period of KRW 60 months and the repayment terms of principal and interest) borrowed from H with respect to the said car; and (c) set up a mortgage in the name of the victim company.

Nevertheless, the Defendant borrowed KRW 5,00,000 from the person “L” whose personal information is not revealed at a place unknown on June 2016, and secured the said vehicle.

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