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(영문) 부산지방법원 동부지원 2013.11.06 2013고정1140
사기등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 5, 2012, the Defendant forged private document: (a) without authority for the purpose of uttering in D’D’s “D” of the operation of the Nam-gu Busan metropolitan area; (b) by using the F’s resident registration certificate that friendly E was strong, the Defendant used to establish two smartphones; (c) received two copies of the application form for membership to C; (d) on each subscriber column, “F”, “G”, and “H building No. Hasan-gu, Busan-gu,” respectively in the resident registration number column, and signed two copies of the application form for membership in the name of F, a private document concerning rights and duties, respectively.

2. The Defendant: (a) delivered two copies of the forged application form, as described in paragraph (1), to C, who is aware of the fact at the time and place specified in paragraph (1), as if they were duly formed; and (b) exercised the same.

3. On the date and time set forth in paragraph (1), at a place set forth in paragraph (1), the Defendant: (a) prepared and submitted two copies of the application for membership with the victim C as if he/she was F; and (b) obtained two cellular phones equivalent to 1,804,370 won at the market price from the said victim; and (c) obtained pecuniary benefits equivalent to 891,220 won from the said victim by having the victim repay the fee for use of the mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning C and F;

1. Application of Acts and subordinate statutes to mobile phone subscription applications;

1. Articles 347 (1), 231, 234, and 231 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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