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(영문) 서울북부지방법원 2014.02.05 2013고단2257
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant, in collusion with B, agreed to subscribe to a mobile phone in the name of C using the resident registration certificate of C which he had in advance.

1. On April 20, 201, the Defendant forged private documents in collusion with B, and filed an application for F mobile phone joining in D located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, stating “C” and “G” in the column of the subscriber’s column by using a non-surcing pen in the application form for mobile phone joining, and continuously signing the application form as “C” and “C” after entering “C” in the address column as the B continues to occur.

Accordingly, the Defendant, in collusion with B, forged a written application for joining a mobile phone in the name of C, which is a private document related to rights and obligations, and forged a written application for joining a mobile phone in the name of C over 11 times from around that time to May 16, 201 by the same method as the written application for joining a mobile phone in the attached list of crimes.

2. In collusion with B, the Defendant exercised 11 copies of an application for admission to a falsified mobile phone with the aforementioned forged mobile phone sales store employees at the time and place specified in paragraph (1) as shown in the attached list of crimes.

3. The Defendant violated the Resident Registration Act, in collusion with B, used C’s resident registration certificate using a mobile phone in the name of C, such as the date and place indicated in paragraph (1) at the time and place indicated in the annexed crime list, and used C’s resident registration certificate unlawfully.

4. The Defendant, in collusion with B, did not have the intent or ability to pay the price even if he opened the mobile phone in the name of C at the time, place, as described in paragraph (1), in collusion with B, by opening the mobile phone in the name of C as above, and by receiving from his nameless employees one cell phone of the market price of 554,400 won owned by the victim due to his nameless employees, and by taking the same by fraud thereafter, from that time to May 16, 2011.

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