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(영문) 부산지방법원 2016.07.06 2016고정190
사기등
Text

Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On July 3, 2012, the Defendant, at the mobile phone agency located in Busan, Seo-gu, Busan, stated the “J” in the column of the customer applying for the contract for the installment transaction of a device at will for the purpose of opening the mobile phone in the name of J in order to use the mobile phone, and used the forged contract for the installment transaction of a device under the name of J, which is a private document concerning the rights and obligations, by signing by J on the name of the applicant, and used the forged contract for the installment transaction of a device under the name of J, which is a private document concerning the rights and obligations, by means of signing by J. In order to use the mobile phone under the name of J in order to open the mobile phone in the name of J.

2. On July 3, 2012, even if the Defendant opened a mobile phone under J’s name, he did not intend or have the ability to properly pay the cost of the mobile phone equipment and the cost of the use thereof, the Defendant deceptioned the employees in charge of the victim SK Telecom Co., Ltd by using one mobile phone (K) under J’s name from the victim SK Telecom Co., Ltd. on July 3, 2012, and acquired 643,136 won property benefits from the victim SK Telecom Co., Ltd. by using one mobile phone from the victim SK Telecom Co., Ltd. on the part of July 3, 2012 until August 9, 2012.

3. From July 3, 2012 to July 23, 2012, each fraud Defendant was a person who operated “M” as an urban village sales agent company L in Busan Dong-gu, Busan. The Defendant conspired with N who was an employee by using a resident registration abstract, a certificate of graduation, a copy of identification card, etc., which he/she received in advance from J as a four-party insurance contract documents.

On July 3, 2012, the Defendant: (a) sent by facsimile documents received in advance from J to the Smart Savings Bank Co., Ltd. at a place where it is impossible to identify a place below Busan in Busan; (b) applied for a loan of KRW 4 million; and (c) N cannot identify the name of the said victim company.

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