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.

Punishment of the crime

On March 13, 2013, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud at the Changwon District Court Msan Branch, and the said judgment became final and conclusive on the 21st of the same month.

Criminal Facts Act

1. Around February 7, 2012, the Defendant forged private document: (a) at a DNA agency located in C in Changwon-si, Changwon-si; (b) at a mobile phone new application form, which is a private document on the rights and obligations held in that place for the purpose of uttering, the Defendant used a test color pen to enter “E” in the customer name column and “E” in the applicant column; and (c) forged the document’s signature next to that name.

2. Around February 7, 2012, the Defendant: (a) at a D agency located in Changwon-si Mhappo-si, Changwon-si; (b) delivered a forged mobile phone new application to the D agency shop members who knew of such forgery as if it were the document duly formed.

3. The fraud accused, even though he was admitted to a mobile phone, was unable to have the intent or ability to pay the service fee, at the D agency operated by the victim F in the Simpo-Mapo-si C, Changwon-si;

A. On February 7, 2012 without E’s consent, he/she opened a mobile phone (G) in the name of the victim using a forged mobile phone new application as described in the foregoing paragraph (1) and did not pay the fee properly, and thus, he/she did not pay KRW 949,380 from March 1, 2012 to March 1, 2013, thereby taking economic benefits equivalent to the same amount.

B. On May 1, 2012, H joined two mobile phones (I and J) in the name of H, and used the said two mobile phones from the victim, and did not pay the user fee properly, resulting in the victim’s failure to pay the user fee accordingly, he/she received the profit equivalent to that amount by subrogated payment of KRW 1,90,000 for the sum of KRW 892,170 and J mobile phone charges of KRW 1,097,830 from the victim from July 2012 to January 2013.

C. On October 4, 2012, K opened a mobile phone (L) in the name of K and used the mobile phone by opening the mobile phone from the victim, and the fee for the use is appropriate.