Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[Judgment of the court below]

1. On July 15, 2012, the Defendant: (a) visited an agency of “D’s operation of C” located in Doang-si B around July 15, 2012; (b) entered “E” and “F” in the resident registration number column and the applicant column; and (c) signed it in F name.

Accordingly, for the purpose of exercising authority, the Defendant forged a “new application for subscription” in the name of F, a private document concerning rights and obligations without authority.

2. On July 15, 2012, the Defendant: (a) delivered to C, at the same time and place as the foregoing paragraph 1, a copy of “new application for subscription” in the name of F, as in the foregoing paragraph 1, to C, who is aware of the forgery; and (b) exercised it as if it was a document duly formed.

3. On July 15, 2012, the Defendant presented the victim C’s resident registration certificates of forged “new application” and F with the same date and time as, and at a place as, the foregoing paragraph 1, and falsely stated that “F shall open the cell phone instead of opening the cell phone in Korea.”

However, the Defendant merely acquired F’s resident registration certificate as an unrelated route, and was a person with no relationship with F, and even if opened a mobile phone, there was no intention or ability to pay the fee normally.

Nevertheless, the Defendant, as above, by deceiving the victim, obtained from the victim smartphone (IM-A830K, pentxa) equivalent to the market value of KRW 900,000,000 from the victim and obtained it by fraud.

[2016 High Court Decision 328]

4. On July 11, 2012, the Defendant forged each private document and the display of each falsified Document presented to H the F’s resident registration certificate, each of which he/she acquired on July 11, 2012, at the “I” store located in Manan-gu, Manan-gu, Mayang-si, for “I would like to open one cell phone in his/her name when he/she entered a foreign country.” The Defendant presented the F’s resident registration certificate, each of which he/she acquired on an irregular route to H.