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(영문) 서울북부지방법원 2016.08.25 2015고단3823
특수절도등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

. During the process of purchasing two cell phoness on a mobile phone to the said R who is unaware of such forgery, the aforementioned forged loan certificate was delivered as if it were duly constituted.

5. The Defendant, at the same time and time as Paragraph 3, stated that “two cellular phone numbers are opened” to the victim R at a time and time, presented the P resident registration certificate obtained as if the Defendant was P, as stated in Paragraph 1, and, as stated in paragraphs 3 and 4, drafted a new contract for cell phone service in the P cell phone name and presented it to the victim, thereby doing so as if the victim were P, and deceiving the victim.

The Defendant, by deceiving the victim as such, obtained the two mobile phones of 2,261,60 won in total from the damaged party, and acquired the two mobile phones of 60 million won in total from the victim.

6. On February 22, 2016, the Defendant visited the aforementioned mobile phone agency on February 22, 2016, stated that “P.8*************” in the customer information column by visiting the aforementioned mobile phone agency and using sp.8 in the application form for change of the mobile phone, and entered “P.8*******” in the application form for other changes as “Seoul Metropolitan Government U.S. unit 102 Dong 504, Gangdong-gu, Seoul Metropolitan Government, and entered “P.”

Accordingly, with the aim of exercising authority, the Defendant forged one copy of the application for change of mobile phone service in P name, which is a private document on rights and duties.

Summary of Evidence

[2015 Highest 3823]

1. Defendants’ legal statement

1. Each police statement in V and W;

1. Written statement of H, X,Y, Z, AAB, AD, AD, AE, AF, AH, AI, D,J, AK, AL, AM,K, ASEAN, K, Extraordinary, AO, AP, AP, AS, AS, AS, AS, AV, AV, AV, AX, AX, AY, BB, B, B, B, B, B, B, B, B, B, B, BP, BP, and BR [2016estest 1744];

1. Defendant A’s legal statement

1. Each police statement made with respect to R, B, and B;

1. Police seizure records;

1. Application of photographic Acts and subordinate statutes to resident registration certificates;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 331(2) and Article 331(1) of each Criminal Act (a special larceny) and Article 329 of each Criminal Act (a special larceny).

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