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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On February 13, 2014, the Defendant forged a copy of an application for the purchase of a mobile phone in the name of the victim F and the victim G without authority to use the personal information of each victim in the customer information column (resident registration number, name, address, customer name) of the cell phone subscription application form in the above store, and forged two copies of the application for the purchase of a mobile phone in the victim F’s name by means of recording the victim’s name in the applicant column, and forged two copies of the application for the purchase of a mobile phone in the victim F’s name.
2. The Defendant, at the time and place specified in paragraph (1), submitted the forged mobile phone entrance application form to H, who is an employee of the store, as if the application form was duly completed through E.
3. The Defendant, along with E, conspiredd to acquire cash by the method of immediately transferring a mobile phone to a seller of a mid-to-face mobile phone, after opening a mobile phone under the name of another person.
The Defendants did not normally use the mobile phone opening at the time and place described in paragraph (1), but did so to use it to sell it to the middle and high-speed mobile phone dealer, and applied for the four mobile phone units listed in paragraph (1) and two mobile phone units listed in paragraph (1) in the name of the Defendant to HV-E400k and immediately issued the amount equivalent to KRW 4,798,200, total market value of the victim’s cell phone (SHV-E40k).
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect interrogation protocol regarding E;
1. Statement to C by the police;
1. A complaint;
1. Application of the Acts and subordinate statutes to each application for membership;
1. Articles 231, 34 (1), and 31 (1) of the Criminal Act concerning the facts constituting an offense; Articles 234, 231, 34 (1), and 31 (1) of the Criminal Act; Articles 347 (1) and 30 of the Criminal Act;
1. The Commercial Concurrent Crimes Act.