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(영문) 대구지방법원 포항지원 2016.09.29 2016고단909
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant became aware of the victim C(42 tax and delay disability) who was found in the agency while working as a mobile phone agent in the vicinity of the victim B(n,81) house.

1. On August 15, 2015, around the 17th of the same month as of August 15, 2015, the Defendant was not able to produce “E” at the victim B house located in Busan Suwon-gu around June 2015.

In the name of C, the two mobile phones are opened through the opening of the cell phone, and all costs such as the mobile phone user fee will be paid.

“.....”

However, at the time, the defendant did not have any revenue other than 1.5 million won monthly income, and there was no balance in the deposit account with the liabilities of KRW 20 million, and there was no intention or ability to pay the mobile phone price and the user fee.

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to open two mobile phones equivalent to KRW 1,955,800 at the market price around August 15, 2015 and around the 17th of the same month; and (c) obtained property benefits equivalent to KRW 503,601 using telecommunications services from September 2015 to January 2016.

2. The act of forging a private document, the act of uttering a falsified document, and the act of uttering of a falsified document on August 27, 2015;

A. On August 27, 2015, the Defendant forged a private document and the instant investigation document: (a) without authority, entered “E” in the “E” model name, which is a mobile phone agent carrying in F of the Busan Si/Gu; (b) made use of the Handphone model name “Aphone 6”; (c) in the customer name column, “C” and “C” in the customer address column; (c) signed “C” and “C” in the payment customer name column; and (d) signed “C” in the “C” and “C” and “C” in the customer name column; and (e) forged a mobile phone application form in the name of C, which is a private document related to rights and duties, and submitted it to the head office, by facsimile, without knowledge of such circumstance.

B. The Defendant, at the time, at the time, and at the place mentioned in the above paragraph (A), was carried by the Defendant to open a portable phone without permission of C.

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