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A defendant shall be punished by imprisonment for six months.
The application for compensation filed by C and D shall be dismissed.
Reasons
Punishment of the crime
[2013 Highest 1249]
1. On July 9, 2012, the Defendant made a false statement to the effect that “The name of the third mobile phone may be transferred to another person without any damage after the lapse of three months, and the fee and installments of the said three mobile phone will be paid to the third party” to the victim C while the Defendant was employed as an employee in the F, E 304, Godong-gu, Young-gu, Chungcheongnam-gu, Seoul.
However, the defendant did not have any special property and has no intention or ability to pay the above three mobile phone charges and installments due to the circumstances from which the debt is two million won.
The defendant had the victim take over the above three mobile phones, and paid approximately KRW 3,800,000 in total of the charges and installments of the mobile phone, and acquired financial benefits corresponding to the same amount.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
2. Forgery of private documents, uttering of falsified investigation documents, and fraud (victim SK Telecom Inc.);
A. On March 18, 2013, the Defendant: (1) at the mobile phone sales agency H located in Cheongju-gu, Cheongju-si, the Defendant made an employee I sign his/her name “J” in the name column of the new contract for mobile phone service; (2) K in the resident registration number column; and (3) on March 18, 2013, “M” and “M” in the account number column; and (4) signed his/her name in the customer column.
Accordingly, for the purpose of exercising, the defendant has forged one copy of the mobile phone service contract in the name of J, which is a private document on rights and obligations.
(2) On March 20, 2013, the Defendant: “J”, “K”, and “K” and the account number column in the name column of the mobile phone service contract in the name column in the name of the mobile phone service contract, the mobile phone sales agency H, which is located in Cheongju-si, Cheongju-si, and in the name column of the mobile phone service contract.