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(영문) 서울중앙지방법원 2017.02.09 2016고단8821
사기등
Text

A defendant shall be punished by imprisonment for one year.

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 February 25, 2015, the Defendant forged private documents: (a) around 15:00, at the Defendant’s house located in Jongno-gu Seoul Jongno-gu Seoul, written “D” on the “new service contract,” which was brought by the employees of Samsung Electronic Co., Ltd. entrusted with the authority to prepare a written contract from KONON Co., Ltd.; and (b) written “D” and “D” on the application customer column for subscription by using a testing pen.

Accordingly, for the purpose of uttering, the Defendant committed a new service contract in the name of D, which is a private document related to rights and obligations, and a contract for installment trade, respectively.

2. The Defendant, at the time and place specified in paragraph 1, issued a forged service new contract and installment trading contract as if it were a document duly formed.

3. On December 25, 2014, the Defendant ordered NS Home shopping at the Defendant’s home located in Jongno-gu Seoul Metropolitan Government to use NS Home shopping, and sent a user’s name “D”, resident registration number “E” to the Defendant Company, and then sent a cell phone carried on the user’s personal information at least four days after delivery. On February 25, 2015, the Defendant presented one new service contract and one copy of installment transaction contract in the manner described in paragraph (1) to the Samsung Electronic employee, and conducted as if he/she obtained D’s consent.

The Defendant received from the injured party one mobile phone (1,100,000 won) of the market value of Samsung Slock and acquired financial benefits equivalent to the same amount after receiving one delivery from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of new contracts and welfare card-related Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act, Article 231 of the Criminal Act (the point of fraud), and Article 234 of the Criminal Act.

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