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(영문) 서울동부지방법원 2018.05.02 2018고단784
사전자기록등위작등
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A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On August 14, 2014, the Defendant was sentenced to eight months of imprisonment for a crime of fraud, etc., such as computer, at the Seoul Eastern District Court, and was released on March 30, 2015 during the execution of the sentence at the Dong House in Seoul Eastern District Court on March 30, 2015 and the parole period passed on April 9, 2015.

around April 19, 2016, the Defendant visited LGU Internet site in Gangdong-gu Seoul Metropolitan Government “D”, and then arbitrarily entered his/her personal information, mobile phone model name, charge system, contact information, etc. in the mobile subscription application form, and sent it to LGU through the computer without the CY consent of CY, and opened one opon ( model name: A1687-16) in the CY name.

In order to make the above handling of affairs, the Defendant forged an application for joining a mobile phone in the name of CY, which is an electronic record of rights and obligations, and exercised it.

On April 12, 2016, the Defendant made a false statement to the effect that “Around April 12, 2018, the victim CZ was damaged by the son’s 6S’s opon and visited the victim in order to inquire about the son’s opon.” The Defendant made a false statement to the victim that “I will substitute the principal of the fopon when returning the damaged Handphone and replace the fopon with the opon 6S without compensation.”

However, the defendant did not have the intention or ability to change the device without compensation while paying the principal to the victim even if he/she has returned the mobile phone device damaged by the victim.

Nevertheless, the Defendant received from the injured party the 99,900 won of the market price of the victim's 99,90 won from her seat, and then received the 6S terminal machine from her seat, thereby making the victim impose new mobile phone charges and the returned installments on the victim, thereby taking the above mobile phone devices into account.

Summary of Evidence

"2018 Highest 784"

1. Statement by the defendant in court;

1. Statement made by the police for CY;

1. "Written applications for admission": 2018 Highest 1068;

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The CZ.

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