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(영문) 대구지방법원 2019.02.12 2017고단4199
사기등
Text

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

Reasons

Punishment of the crime

"2017 Highest 4199" Defendant was engaged in mobile phone sales business while operating D in Daegu Dong-gu B from May 1, 2015 to June 1, 2016, and in Daegu Dong-gu C from around December 2015 to around August 2016.

1. Crimes related to the opening of a mobile phone;

A. On May 2015, the Defendant, at the Daegu-gu Dong-gu “D” store located in B, in the name of the victim E to obtain the mobile phone by opening the mobile phone in the name of the victim, and opened the mobile phone normally at the Defendant’s mobile phone sales store, and then entered the name of the client for the application for the purchase of the lele mobile membership kept without authority for the purpose of exercising the right by using the identity card of the victim E (F after the name of the applicant for the purchase of the lele mobile membership).

Accordingly, the Defendant forged one copy of the application for Y mobile subscription in the name of E, which is a private document that is subject to rights and obligations, and exercised as if he completed the application for a forged E mobile subscription, at the time, to an employee of a communications company who is aware of the forgery.

The Defendant, using the aforementioned forged victim E’s application for this mobile subscription, opened “I” mobile phone numbered in the victim’s name, received a 6-phone mobile phone numbered, and had the victim bear 682,800 won, such as the cost of terminal installation, and acquired pecuniary benefits.

From around that time to December 17, 2016, the Defendant forged an application for joining a mobile phone in the name of the victims, which is a private document relating to rights and obligations, 28 times in total, as shown in attached Table 1, from that time, to December 17, 2016. The Defendant issued a mobile phone device by exercising an application for joining a forged mobile phone, etc. to an employee of a communications company who is aware of such forged fact, and caused the victims to receive the device in total, including the cost of installing the device.

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