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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On November 30, 2018, the Defendant was sentenced to imprisonment with prison labor for the crime of occupational embezzlement in the Sungnam Branch of Suwon District Court on the part of the Defendant, and the said judgment became final and conclusive on December 8, 2018.
【Criminal Facts】
The Defendant used D’s resident registration number, credit card number, account number, E’s resident registration number of the children of the above D, F’s resident registration number, etc. that he/she became aware of in the course of operating the mobile phone sales store in the name of “C,” from Sungnam-si, Seongbuk-si, Sungnam-si, and used the aforementioned D’s child’s resident registration number, etc., and used it to open his/her mobile phone in his/her name, and used it to raise living expenses, etc.
1. On June 5, 2018, the Defendant: (a) accessed the Internet website of the Victim G Co., Ltd. using a computer located therein; (b) drafted each application for a new mobile subscription in the said name as if D, E, and F opened a mobile phone; and (c) submitted it to the Victim G as if the said application was duly prepared; and (d) around that time, the Defendant received a delivery of a mobile phone equivalent to KRW 1250,000,000,000,000,000,000 won, which was opened under the name of D from the Victim Co., Ltd., Ltd., and KRW 8 mobile phone (H), KRW 8 mobile phone at the market price opened under the said name of E, KRW 1250,000,000,000,000,000,000 won, which was opened under the said name of F.
As a result, the Defendant forged the application for mobile subscription in the name of D, E, and F, a prior recording of another person's rights and duties for the purpose of facilitating administrative affairs, and submitted it to G, and received three mobile phones by deceiving the victim G, a stock company, and received delivery.
2. The Defendant committed a crime against K using a computer located at the time and place set forth in paragraph (1) to access the victim K’s Internet site, and as if D opened a mobile phone, the Defendant mobile in the name of D.