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(영문) 의정부지방법원 2016.04.19 2016고단720
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 18, 2011, the Defendant was sentenced to one year and six months of imprisonment for fraud, larceny, etc. at the District Court, and on September 7, 2013, the Defendant completed the execution of the sentence at the Ansan prison.

1. On October 17, 2014, the Defendant: (a) stated the personal information of pro-Japanese C in the mobile phone sales store in the form of a mobile phone purchase application, which was known in advance to the mobile phone; (b) stated “C” in the member column; and (c) issued the forged mobile phone purchase application form to an employee under his/her name and without knowledge of the fact.

Accordingly, for the purpose of uttering, the Defendant forged and exercised one copy of a mobile phone entrance application in the name of C, which is a private document on rights and duties.

2. The Defendant, who opened his/her normally and used his/her mobile phone at the same time and place as mentioned in the above 1, made a false statement to an employee under his/her name as if he/she were to pay his/her mobile phone charges, etc., but the Defendant forged the name C and opened his/her mobile phone.

As above, the Defendant: (a) by deceiving a victim in an unsound name as above; (b) obtained a mobile phone equivalent to KRW 924,000 at the market price from the victim; and (c) acquired the same on the same day from the same date to October 2015; and (d) made the victim in an unsound name liable for forgery in a manner that does not pay KRW 1,435,700 of the aforementioned mobile phone fee, and at the same time, acquired the same time pecuniary profit.

3. On April 2015, the Defendant: (a) stayed in the victim E’s house located in Pyeongtaek-si apartment 604, which was the knife of the knife of the knife; (b) the victim was hospitalized in the hospital due to cerebrovascular; and (c) the family members were also in the victim’s knife of the knife by making use of the knife of the knife.

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