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(영문) 광주지방법원 2018.04.26 2017고단4152
사기등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On April 20, 2017, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Gwangju District Court, and the judgment became final and conclusive on July 6, 2017.

[2] On May 11, 2016, the Defendant: (a) on the application form for the 'D' mobile phone joining' kept at the location of the Defendant in Gwangju Seo-gu (hereinafter “D”) around May 1, 201, the Defendant stated the “(s) model name: m-GP35k; 924,000 won: ex-factory price; 220,000 won: 220,00 won: the principal of the installment: 704,000 won: 30,125, monthly payment in the Handphone; 65,890 won: 65,00 won: F, contact number: G, address: 205 in Seo-gu, Gwangju-gu; (b) new bank: Customer A; (c) date of birth; (d) the victim’s name; and (e) the victim’s name was issued by the head of the 25th EM as if he/she were aware of the forgery of the market price.”

As a result, the Defendant, for the purpose of uttering, forged a letter of “loleh Mobio mar” in the name of E, which is a private document on the rights and obligations, and thereby, received property from the victim KT.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Complaint;

1. A criminal investigation report (verification of summary details);

1. A copy of the application for Soleh Mobm security;

1. Previous convictions in judgment: Inquiry about criminal history and application of respective statutes of judgment;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation documents), and the selection of fines for the crime (the consideration of favorable circumstances among the reasons for sentencing as set forth below);

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes:

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