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(영문) 부산지방법원 2015.10.08 2013고단4975 (1)
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 18, 2013, the Defendant was sentenced to a suspended sentence of one year and two months of imprisonment with labor at the Busan District Court for fraud, etc., and the above judgment became final and conclusive on July 19, 2013.

1. Joint criminal conduct between the defendant and B;

A. Dec. 12, 2012, the Defendant and B conspired to open a new mobile phone at will using another person’s personal information in order to acquire a mobile phone by fraud. Around October 12, 2012, at the mobile phone sales store called “D in Busan-gu, Busan-gu, and “F” where he/she works, the Defendant and B made a false application for the new purchase of the SK mobile phone recorded by G as the applicant using the name, resident registration number, and forged identification card files, and issued it to the victim SKS Co., Ltd. as the normal application for membership.

The Defendant and B, as above, deceiving the victim as above, received 13 mobile phones worth KRW 1,089,000, which was opened in the name of G from the victim, and acquired 13 mobile phones worth KRW 13,008,60 from around that time to November 16, 2012, as described in the separate sheet of crime (3) in the same manner.

B. On October 12, 2012, the Defendant and B in collusion with the instant mobile phone agency enter “G”, “H”, and “H” in the customer address column through D and E without authority for the purpose of exercising the mobile phone opening for the mobile phone opening at the said mobile phone agency, and entered “G”, “H” and “H” in the customer address column, and forged one copy of the application for new entry of a mobile phone in the name of G, which is a private document concerning the rights and duties, by signing and sealing in the deposit column, and delivering it to SKT as if it was duly formed, and using it. From around that time to November 16, 2012, it became in the name of 13 persons, as described in the separate document list (3) by the said method.

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