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(영문) 대구지방법원 2017.04.19 2016고정2467
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

[criminal history] On July 14, 2016, the Defendant was sentenced to six months of imprisonment for an occupational breach of trust at the Daegu District Court on November 1, 2016 and the judgment became final and conclusive on November 1, 2016.

[Criminal facts]

1. Regarding the opening of a mobile phone in the C mobile phone;

A. On January 28, 2016, the Defendant, such as private electronic records, connected the E agency located in Daegu-gu D with the mobile phone opening system without obtaining consent from C, and entered C’s name, date of birth, etc. in the applicant customer column, and signed C’s name in the name of C when applying for a mobile phone (based name: SM-N920S).

As a result, the defendant prepared a mobile phone subscription application of C, an electronic record on rights and duties, for the purpose of making the business process of SK Telecom corporation.

B. The Defendant sent a written application for joining a mobile phone in the name of C at the time and place indicated in the foregoing paragraph (a) as above to a staff in the name of the SK Telecom Co., Ltd. who is unaware of the fact that the application was forged and exercised as if it was genuine.

(c)

The Defendant, at the time and place mentioned in the above A. The Defendant applied for the mobile phone entrance in his/her name by misappropriation of the above C name, and received a mobile phone delivery of the amount of KRW 774,090 at the market price from an employee in the name of the victim SK Telecom Co., Ltd.

2. Regarding the opening of a mobile phone in the name of the F;

A. On June 23, 2014, the Defendant: (a) connected H agency located in Daegu Suwon-gu G with the mobile phone opening system without obtaining F’s consent; (b) applied for a mobile phone in the F’s name (based on model name: IM-A870S); (c) entered F’s name and personal information in the customer column; and sign F’s name in the name of the applicant; and (d) signed “F” in the name of the applicant; (c) around that time, the Defendant knew of such writing.

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