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(영문) 서울남부지방법원 2013.10.18 2013고단3017
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Around August 22, 2012, the Defendant embezzled, without following necessary procedures, such as discovering the Victim C’s Driver’s license in the bus stops located far away from Pyeongtaek-si, Pyeongtaek-si, and returning it to the victim.

2. Forgery of private documents, uttering of falsified investigation documents, and fraud;

A. On August 23, 2012, at around 19:00, the Defendant: (a) without authority in the “E” located in Pyeongtaek-si D; (b) without authority for the purpose of exercising; (c) the Defendant was a dead village type of the above C; and (d) was entrusted by C with the application for subscription to a mobile phone; (c) the Defendant entered C’s name and other personal information in the application form; (d) voluntarily signed it on the name side; and (e) delivered the victims of store employees who are not aware of the fact to the F; and (e) stated that the mobile phone price and usage fee, etc. would be paid in normal installments; and (e) the Defendant was issued by the victim one mobile phone type of S3 mobile phone at the galtho

As a result, the Defendant forged one copy of the application form in the name of C, which is a private document concerning rights and obligations, and exercised it, and used it, acquired one mobile phone unit from the victim in the gallon of the amount of 94,400 won in the market price.

B. On August 26, 2012, at around 13:00, the Defendant without authority for the purpose of exercising at “H” located in Pyeongtaek-si G, and completed without authority for the purpose of exercising, as if the Defendant was a dead village of the above C, and was entrusted by C with the application for subscription to mobile phone, and signed at will on the paper of the application for subscription by entering C’s name and other personal information, and then delivered to the victim I of the store employees who are aware of the fact to the victim of the name. The Defendant issued the mobile phone price and the user fee, etc. to the victim as if he would normally pay the cost of the mobile phone in installments, and then, the Defendant received from the victim one mobile phone of S3 mobile phone at the market price of 994,

Accordingly, the defendant forges a letter of application for joining the name of C, which is a private document on rights and obligations.

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