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(영문) 의정부지방법원 2013.10.16 2013고정769
사기등
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. The Defendant used a mobile phone in the name of C, and used the Internet and IPTV in the name of C with the knowledge of C’s resident registration number. On March 15, 201, the Defendant called the Defendant’s office to the LG Plus Slus Slus Slus Slus Service Center under the name of C to use the Internet and IPTV. On March 15, 201, the Defendant made a telephone call to the Defendant’s office, which is the Defendant’s office, and made the employee E prepare a file for the service application with the name and resident registration number of C.

In addition, after going through a personal verification process using C’s mobile phone, the Defendant, at the place where the Internet and IPTV was installed, had the said employee prepare the file of the service application in the name of the Defendant, “F”, “G,” respectively, using the number used by the Defendant using the phone number, “F”, “G,” and “H”, respectively, at the location of the Defendant’s address, and sealed the said place in the column of the payer of the service application, which was brought by the installation engineer.

In this respect, the defendant cited one file of a third party's electronic records on rights and obligations, which is an electronic record of another party's electronic records, for the purpose of facilitating the management of affairs.

B. The Defendant, at the time, at the time, at the time, and at the place specified in Paragraph (1) above, had the said employee, who was aware of the filing of a written application for a service of the Internet and IPTV, submitted the file as if he were duly formed with the LG Plus Co., Ltd.

C. The defrauded did not have the intent and ability to pay the price even if he/she joined and used the Internet and IPTV.

Nevertheless, the Defendant did not pay the user fee of KRW 1,055,980 in the name of the victim LG Plus Co., Ltd. from the date and time stated in paragraph (a) to November of the same year while opening up the Internet and IPTV in the above C name.

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