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(영문) 부산지방법원 동부지원 2016.05.25 2015고단1460
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 20, 2010, the Defendant forged a private document: (a) stated “F”, “G”, “G”, “F”, and “F” in the name column of the new service contract kept therein; and (b) stated “F” in the name column of the applicant customer column in the contract for purchase and sale at the end; (c) stated “F”, “G” and “F” in the name column of the contract for purchase and sale at the end; and (d) written in the name column of the applicant customer column in the contract for purchase and sale at the end; and (e) stated “F”, “G” and “F” in the name column of the contract for purchase and sale at the end; and (e) written in the applicant customer column.

As a result, the Defendant forged a service contract, which is a private document on rights and obligations, and a copy of a sub-trade contract to provide a device, for the purpose of exercising the new mobile phone unit in F's name.

2. The Defendant at the time and place specified in paragraph 1, filed an application with D who is aware of the forgery of a new mobile phone in F’s name, and filed an application with D for a new mobile phone with the above forged service contract and a sub-trade agreement to be a device, and exercised the same as if they were duly formed.

3. The defrauded, at the time, at the time, and at the place specified in paragraph 1, the Defendant: (a) by deceiving the victim D as if he was F; (b) obtained one mobile phone from the victim; (c) from that time, he/she used the said mobile phone from March 30, 201; and (d) did not pay the sum of KRW 336,560 and the amount of KRW 954,60,040, totaling KRW 618,60.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made with H and F;

1. Application of Acts and subordinate statutes on new service contracts and installment trading contracts to be short;

1. Article 231 of the Criminal Act (the point of Article 231 of the same Act), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document) of the same Act concerning the facts of crime, and Article 347 (1) of the Criminal Act (the point of fraud);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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