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(영문) 서울중앙지방법원 2015.03.19 2015고정422
사기등
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 30, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Central District Court on February 7, 2015 and its judgment became final and conclusive.

【Criminal Facts】

Defendant

B, C, and D have opened a mobile phone in the name of the nominal owner using a copy of a forged identification card, received a mobile phone terminal in the future, and sold it to a mobile phone service provider, etc. and conspired to divide profits therefrom. C has the role of supplying a copy of a forged identification card, B, and the defendant have the role of forging an application for forgery of a mobile phone using a forged identification card, and D has the role of disposing of the opened mobile phone as a mobile phone.

1. On October 30, 2012, Defendant, B, C, and D made arbitrarily a copy of the forged resident registration certificate in the name of the G in the F office located in Nam-gu Incheon Metropolitan City, the Defendant entered “G”, “H” in the resident registration number column, “H” in the address column, “G” in the applicant column, and “G” in the name of the applicant column, and then written at will a copy of the original mobile application in the name of G, which is a private document concerning rights and obligations, in the manner of signing by the applicant column.

Accordingly, the Defendant, in collusion with B, C, and D, forged a written application for subscription to a mobile phone in G name for the purpose of exercising.

2. The Defendant, B, C, and D at the above date and at the above location, submitted one copy of the initial application in the name of the G forged G at the above time and at the above location to the staff in charge of receiving the new application documents for the mobile phone of the KT company through the J agency that knew of the forgery.

Accordingly, the defendant, in collusion with B, C, and D, exercised a forged mobile phone entrance application for the purpose of exercising.

3. Fraud, B, C, and D are not the intent or ability to pay the mobile phone price even if they join the victim KT company, and the name of G submitted to the damaged company.

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