A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

【2019 Highest 937】 The Defendant is a person who opened and sells mobile phones in D’s “D” located in Chuncheon City from December 2, 2013 to July 2018.

1. Crimes related to victim P;

A. In order to open and sell a mobile phone, the Defendant had the intent to arbitrarily prepare an application for subscription to a mobile phone in the name of the said person and submit it to the radio operator by stealing the personal information of the nominal owner who opened the mobile phone from the aforementioned “D” before opening and selling the mobile phone.

On May 25, 2018, the Defendant entered “P”, “R”, “R”, and “P” in the subscriber column in the above “D” office in the customer name column, and signed P next to the above name.

Accordingly, for the purpose of uttering, the Defendant forged an application form for joining a mobile phone in the name of P, which is a private document related to rights and obligations.

B. When filing an application for opening a cell phone at the time and place specified in the above 1-A, the Defendant sent the forged P P application form as if it were duly formed using a transmission program to employees under the name of S Co., Ltd., who did not know that the file was forged.

Accordingly, the Defendant forged a copy of the application for subscription to a mobile phone in the name of P, which is a private document on forged rights and obligations.

C. The defrauded filed an application for opening of a mobile phone with the victim S Co., Ltd. at the time and place described in the above 1-A, and submitted an application for opening of a forged mobile phone as described in the above 1-B, and said the application was false as if the P would normally pay the mobile phone price and the user fee.

However, in fact, the defendant did not have obtained consent from P to opening of the mobile phone and sold the mobile phone terminal which was opened to the middle and high-speeder.