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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Forgery of private documents and the uttering of a falsified investigation document;
A. On March 30, 2017, the Defendant forged a private document: (a) at any SK Telecom agency located in Gyeyang-gu Incheon, the Defendant had a female-friendly C identification card; (b) had the intent to open a mobile phone under C’s name; (c) stated C’s name, resident registration number, address, contact information, etc. in the customer column among the new service contracts kept therein; and (d) written C’s name, resident registration number, address, contact information, etc. in the customer column, and signed at will.
Accordingly, for the purpose of uttering, the Defendant forged a new service contract in the name of C, which is a private document on rights and obligations.
B. The Defendant at the time, place, and cellular phone set forth in the above paragraph (a) submitted a forged service contract to the SK Telecom Agency’s employee, whose name cannot be known as if the new contract was duly formed as stated in the above paragraph (a).
2. Fraud;
A. The Defendant submitted to the victim SK Telecom Co., Ltd. a new contract under the above forged name C at the time, at the time, at the place, as described in paragraph 1(a) and at the same time, and led the Defendant to deception the victim as if the Defendant was delegated by C from the mobile phone opening, and obtained the delivery from the victim one cell phone of KRW 89,800 from the victim.
B. On April 2, 2017, the Defendant made a false statement to the victim D that “on June 2, 2017, the Defendant would immediately pay money to the victim as soon as he/she received money after completing a project in the department store in Busan New World.”
However, at the time of fact, the defendant did not work in a new world department store or not work in a project, and even if he did not borrow money from the damaged party due to no particular profit or property, he did not have any intention or ability to pay the money.
The defendant deceivings the victim as above and belongs to it.