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(영문) 서울남부지방법원 2017.06.08 2016고정2580
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 21, 2015, the Defendant was sentenced to one year of suspension of the execution of 4 months of imprisonment for fraud at the Incheon District Court's Busan District Court's Branch on August 29, 2015, and the judgment became final and conclusive on August 29, 2015. As the bad credit standing makes it difficult to open the cell phone in his name, the Defendant was able to use the cell phone through the Defendant's father B name.

1. On December 30, 2012, the Defendant: (a) requested the said D’s agent located in Gangseo-gu Seoul Metropolitan Government (Seoul) to provide mobile phone openings under the Defendant’s father B’s name; (b) stated “F, resident registration number column in the name column, G, and the main column in the name column for contact for confirmation of subscription” in the new service contract form (for the purpose of customer storage) as “B”; and (c) written “B” in the name of the customer column for application for subscription at the bottom of the contract form; and (d) written “B” in the name.

Accordingly, for the purpose of uttering, the Defendant forged a new service contract in the name of private document B, which is a private document on rights and obligations.

2. The Defendant, at the time, and at the place specified in paragraph 1 of the above Article, exercised the forged new service contract as if it had been duly formed with the aforementioned D, who was aware of the forgery.

3. The Defendant, at the time, at the time, at the place, as described in the foregoing paragraph 1, committed as if he/she consented to opening a mobile phone in the name of his/her father B from his/her father B, prepared and submitted a forged service contract in the above name B, and demanded the said victim D to open a mobile phone in the name of B.

However, the defendant was not allowed from B to open a mobile phone in his name, and even the defendant did not agree to open a mobile phone in his name.

The defendant deceivings the victim as above and received a delivery of S3 Smartphone from the victim of the same day in galloning the market value of 1,057,540 won.

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