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(영문) 서울동부지방법원 2015.04.23 2014고단3969
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On June 9, 2014, the fraud Defendant made a false statement to the Defendant-friendly victim E in the fifth floor D office of the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu, stating that “If he/she lends his/her name to open a cell phone, he/she shall not pay any damage.”

However, even if the defendant opens the cell phone in the name of the victim, he did not have the intention or ability to pay the charge.

As such, the Defendant, by deceiving the victim and allowing the victim to lend the name of the victim, had the victim take over one opon five (F) in the name of the victim. The Defendant sold the mobile phone to the victim without the name of the victim, and had the victim in the name of the victim acquire the pecuniary gain equivalent to the sum of 1,211,640 won of the mobile phone charges and the mobile phone charges and the mobile phone charges from January 24, 2014 to June 11, 2014, and received the mobile phone opening through a mobile phone in the name of six victims, as shown in the attached Table 1 of the Crimes List from January 24, 2014 to June 11, 2014. The Defendant had the person who purchased the mobile phone acquire the pecuniary gain equivalent to the sum of 12,447,270 won.

2. Forgery of private documents and the display of private documents;

A. On January 24, 2014, the Defendant forged private documents stated “G”, “H” and “Seoul Seongbuk-gu I, 301” in the resident number column in the name column at the place indicated in the preceding paragraph (a) (the fact of prosecution appears to be written by mistake).

Accordingly, the Defendant, for the purpose of uttering, forged a written application for joining a mobile phone in the name of G, which is a private document related to rights and obligations, from the time of forging a written application for joining a mobile phone, and forged an application for joining a mobile phone at least seven times until August 14, 2014, as shown in attached Table 2

B. The Defendant at the time and place indicated in the foregoing paragraph (a) delivered the forged mobile phone subscription application form to the mobile communications company’s agent, which was aware of the forgery, as if it were the document duly formed.

Summary of Evidence

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