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(영문) 서울남부지방법원 2016.11.29 2016고단3063
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 13, 2015, Defendant A was sentenced to a suspended sentence of two years and a fine of 200,000 won in the Seoul Western District Court for a violation of the Punishment of Violences, etc. Act (joint injury) on October 13, 2015, and the judgment became final and conclusive on October 21 of the same month. On January 26, 2016, Defendant A was sentenced to a suspended sentence of one year for imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Western District Court, and the said judgment became final and conclusive on July 1, 2016.

Defendant

B On April 8, 2016, the Seoul Southern District Court was sentenced to a maximum of 4 years, 3 years and 100,000 won for special robbery, etc., and the judgment was finalized on July 23, 2016.

【Criminal Facts】

1. Defendant A and Defendant B

A. The Defendants conspired to forge a private document and to forge a mobile phone application in the name of the victim E in order to open a mobile phone under the name of another person along with D.

At around 18:00 on July 28, 2015, the Defendants: (a) obtained the resident registration certificate lost from the Kimpo-public port in Yeongdeungpo-gu Seoul Metropolitan Government on June 25, 2015, and (b) drafted an application for membership of the LG U at will using the victim’s personal information in the subscriber column without the victim’s consent; (c) prepared one copy of the application for membership of the victim’s cell phone in the subscriber column by stating “E” and “H” in the date of birth; and (d) delivered the said written application to I as if the said mobile phone sales store operator was duly formed.

Accordingly, the Defendants forged a private document in the name of the victim with respect to rights and duties for the purpose of uttering in collusion with D and exercised it.

B. The Defendants’ fraud in collusion with D, as seen above.

at the same time, place, and the foregoing time, place as described in paragraph 1.

As mentioned in paragraph (1), when opening a mobile phone using an application for subscription to forged E mobile phone, the victim I who is the owner of the store shall normally do the principal of the mobile phone.

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