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(영문) 부산지방법원서부지원 2020.11.26 2020고정624
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who performs a mobile phone sales business in Seo-gu B in Seo-gu, Seo-gu, Seo-gu.

1. On September 21, 2018, the Defendant forged private documents, using D’s resident registration number that he/she became aware of in the process of opening one cell phone of D’s customers in the above C, and additionally opened one mobile phone without D’s consent, using the F’s written application for membership of a cell phone, and entered the name “D”, “date of birth”, “G”, “S”, and “I” in the F’s written application for membership, and signed “J” in the signature column.

Accordingly, for the purpose of exercising authority, the Defendant forged a written application for joining a mobile phone in the name of D, which is a private document related to rights and obligations.

2. The Defendant at the time and place as set forth in Paragraph 1, submitted an application for joining the mobile phone in the name of the F headquarters to an employee under the name of the F headquarters, and exercised the said application.

3. The Defendant, at the same time and place as Paragraph 1, opened a mobile phone without D’s consent and opened the mobile phone, even if he did not intend to pay the mobile phone price and the user fee, sent an application for the purchase of the mobile phone in the above-mentioned DNA name to the victim F head office, entices the employees in charge of opening the FF company into the victim F head office, and received one of the “S9” mobile phone (E) equivalent to the market price of 957,000 won on the same day from the victim. From October 2018 to April 2019, the Defendant acquired pecuniary benefits equivalent to the same amount by failing to pay the mobile phone fee of 2,383,150 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An application for membership;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act (Fraud, Selection of fines), Article 231 of the Criminal Act (the point of aiding private documents, the selection of fines), Articles 234 and 231 of the Criminal Act concerning the exercise of falsified investigation documents;

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