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(영문) 서울중앙지방법원 2019.01.17 2018고단542
위조공문서행사등
Text

1. Defendant A shall be punished by imprisonment for one year and six months;

2. Defendant B shall be punished by imprisonment.

Reasons

Punishment of the crime

On April 17, 2015, Defendant B was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court on April 21, 2015, and the judgment became final and conclusive on April 21, 2015.

【Criminal Facts of Crimes】 After forging an application for subscription to a mobile phone under the name of another person, the Defendants did not have any intention or ability to pay the installment cost of the mobile phone and the user fee normally even if they opened the mobile phone by submitting it to the victim C Co., Ltd. (hereinafter “victim”) after forging the application for subscription to the mobile phone under the name of another person. Rather, considering the opening performance of the mobile phone, the Defendants acquired the mobile phone terminal, the user fee of the mobile phone, and the opening subsidy from the victim, and sold the opened mobile phone to the purchaser of the mobile phone after separating the coreness of the closed mobile phone, and sold the wired mobile phone to the purchaser of the mobile phone. Defendant B received a forged identification card from the former mobile phone and arbitrarily prepared an application for subscription to the mobile phone through the mobile phone delivery company, and Defendant A conspired to receive the mobile phone from the provider of the mobile phone and use it, and then dispose of it.

1. On December 26, 2012, the Defendants: (a) provided forged private documents; (b) provided a forged file from a false name (i.e., a well-known “E”); and (c) printed out the forged file; and (d) provided that Defendant B provided a false service contract and a contract for the installment transaction of a device for the purpose of exercising it in Defendant B’s operated by the Party B, which was located in the Young-gu, Seocheon-gu, Seocheon-gu, Incheon Metropolitan City; (b) stated “H” in the customer name column of the new service contract and the contract for the installment transaction of the device; and (c) signed the document “H on December 26, 2012” on the subscription date; and (d) signed the document “H on his/her own rights and duties.”

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