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(영문) 서울동부지방법원 2018.07.19 2018고정625
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 22, 2015, the Defendant forged a private document: (a) entered the name and signature of D in the mobile phone entry application for the purpose of opening “E” from the mobile phone sales store located in Gwangjin-gu Seoul Special Metropolitan City, to the mobile phone sales store outside the instant case.

Accordingly, the Defendant forged the application for joining the mobile phone, which is a private document on the rights and duties necessary for opening the mobile phone.

2. The Defendant, as mentioned above 1. The instant investigation document, submitted an application for admission to a forged mobile phone to C as if it were a document duly formed.

3. The criminal defendant did not have the intent or ability to pay the telecommunications fee even if he/she opens a mobile phone by stealing the name D as above 1.

As such, the Defendant did not pay 1,615,690 won by deceiving the victim C, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the materials proving the amount of damage, and detailed statement of unpaid charges;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Article 234 of the Criminal Act, Article 231 of the Criminal Act, Article 231 of the Criminal Act, Article 231 of the Criminal Act, and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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