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(영문) 서울남부지방법원 2013.03.22 2013고정502
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 26, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor in Seoul Southern District Court for larceny, and the said judgment became final and conclusive on October 19, 2012.

1. B-related crimes;

A. On November 201, the Defendant made a false statement to B, “On the face of a mobile phone from which he/she borrowed the four names, he/she shall open the cell phone, and his/her installment and use fees shall be fully responsible for both the payment and use fees, and instead, he/she shall make a package of a arche as a fake.”

However, even if the defendant opens a mobile phone with the name of the defendant lent it from B, he did not have the intention or ability to not bear the obligation by paying the installment fee and the use fee, and did not have the intention or ability to reduce the failure to B.

Nevertheless, the Defendant: (a) by deceiving B as above, received a copy of his identification card from the Dong; and (b) did not pay KRW 430,360,00 from July 30, 2012 to “C” agencies with only one mobile phone (D) but did not pay KRW 430,360,00 in total, the amount of the installment payments and the amount of use from around 30,000 to July 2012; (c) thereby, caused the Defendant to obtain pecuniary benefits and to bear the liability equivalent

B. On December 2, 201, the Defendant: (a) filed an application for new services to open one mobile phone (G) without authority for the purpose of exercising his/her identification card at the “F agency located in Gangnam-gu Seoul, Seoul; (b) voluntarily recorded B’s personal information in the customer column of the application form; (c) forged one copy of the application form for membership in the name of B, which is a private document related to rights and duties by signing it next to the document; and (d) submitted the said application form as if he/she had been genuinely prepared to an employee who is unaware of such fact at the seat.

On the other hand, the defendant did not obtain the consent of the mobile phone subscription application from the fact B, and did not have the intention or ability to pay the installment and the fee.

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