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(영문) 대전지방법원 2017.09.28 2017고단1473
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From January 2015 to March 2016, the Defendant was living together with the victim C, and opened two cell phoness in the name of the victim in the name of the victim who was deprived of living expenses, and opened two cell phones in the name of the victim in the name of the victim in the middle of such opening.

1. On December 26, 2015, the Defendant: (a) drafted and forged an application form for the purchase of the victim C and the SK Telecom at a mobile phone sales store in Seoul, not more than Seoul on December 26, 2015; and (b) submitted two copies of the application form to the mobile phone sales store employees as if the forged mobile phone were genuine documents.

2. The Defendant, at the same time and at the same place, obtained pecuniary benefits equivalent to KRW 2,249,400 by using two forged applications for joining a mobile phone and two resident registration certificates of the victim, and acquiring pecuniary benefits equivalent to KRW 2,249,400.

3. The Defendant violated the Resident Registration Act by bringing his resident registration certificate on a victim’s wall in order to subscribe to a mobile phone in the victim’s name at the above temporary location, and attaching the cans to the victim’s resident registration certificate by presenting the victim’s resident registration certificate and attaching it to the cans to verify the authenticity of the applicant for the above mobile phone

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each forgery contract (T, SK Telecom), KT, SK Telecom unpaid charges, investigation reports (suspect A currency), and investigation reports (recognition of living together with a victim) Acts and subordinate statutes;

1. Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 347 (1) of the Criminal Act (the point of fraud) and Article 37 subparagraph 8 of the Resident Registration Act (the point of illegality of resident registration certificate) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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