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(영문) 대전지방법원 천안지원 2015.04.23 2015고정45
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 January 7, 2014, the Defendant was sentenced to imprisonment with prison labor and six years and six months in Daejeon District Court Seosan Branch on January 7, 2014, and the judgment became final and conclusive on January 15, 2014.

On February 12, 2013, the Defendant got B’s driver’s license in the street located in Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant opened a mobile phone in the name of Ulsan-gun, and thought B to use it.

1. On February 14, 2013, the Defendant forged private documents at the “E’s mobile phone sales store located in Ulsan-gun, Ulsan-gun, the Defendant entered “B” in the customer column of the application for new subscription to the mobile phone located in that place, and “F.,” in the resident registration number column, “B” signed the name “B” on the applicant column at that bottom, and sealed the Defendant on the side.

Accordingly, for the purpose of exercising, the Defendant forged a new application form for joining the mobile phone in B, a private document related to rights and obligations.

2. In entering a new mobile phone at the time and place specified in paragraph (1), the Defendant: (a) delivered an application for new establishment of a forged mobile phone to the owner of the said store as if it were the document duly formed; and (b) exercised the said application.

3. The Defendant filed an application for joining a mobile phone with the owner of the above sales store D by presenting an application for new entry of a forged mobile phone and B’s driver’s license, etc. at the time and place specified in paragraph (1).

However, in fact, the defendant has committed a criminal act in B and applied for joining a mobile phone, and even if he/she has opened a mobile phone, he/she has no intention or ability to pay the price.

The Defendant, as such, by deceiving the Defendant, received one unit of S2 mobile phone (H) at the gallon city equivalent to KRW 699,600,00 in the market value of the case owned by the Victim Co., Ltd. from D, and did not pay the amount equivalent to KRW 1,061,590 thereafter, thereby acquiring the pecuniary benefits equivalent to that amount.

Summary of Evidence

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