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(영문) 창원지방법원 마산지원 2016.05.19 2016고정229
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 16, 2015, the Defendant is prohibited from opening a mobile phone to the victim N within a sales store located in the window-dong, Changwon-si, Changwon-si, Changwon-si due to the nonperformance of personal phone charges, etc. on the part of the Defendant.

He made a statement to the effect that if he opens a mobile phone in his name, the fee will be paid at home.

However, even if the defendant opens and uses a mobile phone in the name of the victim, he did not have the intention or ability to pay the fee.

As such, the Defendant, by deceiving the victim, used the cell phone (O) opened at the above date and time and place, and did not pay usage fees of KRW 1,150,824 from that time to May 19, 2015, and had the victim pay on behalf of the victim a substitute payment, thereby obtaining pecuniary benefits equivalent to the same amount.

2. On March 19, 2015, the Defendant entered “2015-03-20”, “20-10”, “3,000,000 in the loan column, and “N” in the debt column as of the date of the contract of the monetary consumption lending and lending contract, which is a document not known to N for the purpose of exercising a loan in the name of N from mountain and Loan Co., Ltd., in the name of N, and signed next thereto.

Accordingly, the Defendant forged one copy of the monetary consumption lending contract in N name, and subsequently presented it to the employees of the company, who knew of the forgery at the Changwon-si, Changwon-si, 3, 15, 733 and 15, 733 and 2, and Masan branch of the lending and lending Co., Ltd. on the same day, and exercised it.

3. The Defendant, at the same time and place as referred to in the foregoing paragraph 2, concluded that employees in the name of Mountain and Loan Co., Ltd. were N, and filed an application for a loan of KRW 3 million in its name, and concluded that the Defendant would repay the loan by paying KRW 150,000 per month from April 10, 2015 to October 10, 2017.

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