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(영문) 창원지방법원 진주지원 2015.04.08 2014고단868
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 200,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal power] On October 28, 2009, the Defendant was sentenced to a suspended sentence of two years for a violation of the Military Service Act in the branch of the Changwon District Court, which was sentenced to a suspended sentence of six months, and on October 20, 2010, the Defendant was sentenced to imprisonment with prison labor and one year and six months for the same crime in the same court at the same time on October 26, 2010, and the said sentence became final and conclusive on October 26, 2010, and the execution of the said sentence was terminated on September 12, 2012.

[2014 Highest 868]

1. On May 2, 2014, the Defendant was required to present an identification card for the opening of a mobile phone from the business owner E in the process of opening a mobile phone at the “D” mobile phone agency located in Scheon-si, Sacheon-si.

On March 29, 2014, the Defendant denied the official document by presenting a resident registration certificate of F in the name of the private market, which was an official document acquired and possessed by the Defendant on March 29, 2014, as if it were a resident registration certificate of the Defendant.

2. The Defendant forged a private document, or displayed a falsified private document at the same time and place as mentioned in the foregoing paragraph (1), stated F personal information, etc. in the application form for a mobile phone at the bottom of the application form and signed it with F as F, and forged one copy of the application form for a mobile phone in the name of F, which is a private document concerning rights and duties without authority for the purpose of exercising rights and duties. As such, the Defendant presented the application form for a forged mobile phone to E, who is aware of the forgery, and exercised it

3. Fraud;

A. The Defendant presented F’s resident registration certificate at the same date, time, and place as above in the foregoing paragraph (1), and took place as if he was F, and by deceiving the victim E, and received a delivery of one cellular phone of gallon No. 3 at that place of the victim’s market value equivalent to KRW 1,067,00.

B. At around 00:50 on May 2, 2014, the Defendant was the victim as if he were to pay the amount even though he did not have the intent or ability to pay the alcohol value.

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