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(영문) 부산지방법원 2019.10.21 2019고정427
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant had been aware of the victim D's personal information, which was a guest in Busan Jin-gu B, in order to provide money by opening a mobile phone in his name.

1. On January 24, 2018, the Defendant forged a private document, and the uttering of the private document, on January 24, 2018, indicated “D”, “F” in the customer name column of the E application form, “F”, and “AG” in the address column, and signed “D” in the signature column.

In the above case, the Defendant, as a staff member, who could not know the name of H (State) who is an opening agency without knowledge of the forgery, sent a forged E application form as if it were duly formed.

Accordingly, for the purpose of uttering, the defendant forged the application for E subscription in the name of D, which is a private document on rights and obligations, and exercised it.

2. On January 31, 2018, the Defendant forged a private document and the uttering of the private document in question: (a) around January 31, 2018, indicated “D”, “F”, and “D” in the name column of the first new contract in the column; and (b) signed “D” in the customer column of the application for membership.

In the above case, the Defendant: (a) did not know the name of H(State) which is a general agent in knowledge of the forgery in C; and (b) did so as to have duly formed two parts of the forged I New Contract as above.

Accordingly, for the purpose of uttering, the defendant has forged and exercised two copies of a new contract in the name of D, a private document on rights and obligations.

3. Fraud;

A. As described in Paragraph 1, the Defendant used a forged E application form and a copy of D’s identification card previously possessed, thereby leading D to opening a mobile phone and deceiving the victim (state)E.

The Defendant received from the victim the 1,360,700 Aphone X-1 amounting to the market price.

B. The Defendant, as described in paragraph 2, has forged I.

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