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(영문) 인천지방법원 2015.09.16 2015고단2445
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 27, 2015, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence for attempted fraud, etc. by the Incheon District Court, and the said judgment became final and conclusive on June 4, 2015.

【Criminal Facts】

The defendant of "2015 Highest 2445" had a mind to open a mobile phone without permission of B by advertising that he/she was aware of B's resident registration number through Facebook.

1. On November 17, 2014, the Defendant forged private document: (a) around 13:00, the Defendant entered B’s name, resident registration number, address, etc. in the mobile phone entrance column of Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) the mobile phone entrance application form using a black pen to indicate the name, resident registration number, address, etc. of B in the information column of the applicant, such as the name of the customer and resident registration number, and signed D’s signature in the signature column.

Accordingly, the defendant, without authority, forged a written application for joining a mobile phone in the name of B, which is a private document on rights and duties for the purpose of uttering.

2. The Defendant, at the time and at the place specified in paragraph (1), issued the above application form to E, a mobile phone store store, who is aware of the forgery, as if it were duly formed.

3. The Defendant, as stated in paragraph 2, issued a forged application to the victim E, and committed the act as if he were B.

However, the defendant was not the defendant B.

Nevertheless, the Defendant deceiving the victim and opened one cellular phone of Samsung Tallon in the amount of 865,230 won at the market price from the victim.

4. The Defendant violated the Resident Registration Act by opening the cell phone in B’s name without obtaining B’s consent at the time and place under paragraph (1) and by unlawfully using B’s resident registration number as above.

"2015 Highest 2494"

1. On April 25, 2014, the Defendant, including private electromagnetic records, was aware of the victim H’s resident registration number in Ulsan-gu, Ulsan-gu. G, Ulsan-gu.

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