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(영문) 서울북부지방법원 2016.11.17 2016고정1478
사기등
Text

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

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

Reasons

Punishment of the crime

On September 23, 2016, the Defendant was sentenced to the suspension of the execution for six months in the Seoul Northern District Court for a violation of the Resident Registration Act, etc. on September 23, 2016. The judgment became final and conclusive on October 1, 2016.

1. On July 13, 2015, the Defendant forged a private document, which is a private document with respect to the rights and obligations in the name of D, by stating the name, date of birth, etc. in the form for Mmoble written application, kept therein for the purpose of exercising his/her right without authority at a direct management store located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and signing on it.

2. The Defendant submitted an application for the Mambbbbiment in the name of a forged D, at the time and place specified in paragraph (1), to E (a) and exercised the said investigation document.

3. Fraud;

A. On July 13, 2015, the Defendant, at around 16:23, 2015, posted a telephone to the department in charge of the G Public Notice in Dongdaemun-gu Seoul, by using a mobile phone in the name of “D” and obtained a certification and applied for a loan by deceiving a counselor in the name of the said card company as if he/she was D, and acquired a loan of KRW 3 million.

B. On July 14, 2015, at around 04:48, the Defendant: (a) posted a telephone to the department in charge of the credit card lending using a mobile phone under the name of D; (b) obtained a certification and applied for a loan by deceiving a counselor in the name of the said card company as if he/she was D; and (c) obtained a loan of KRW 12.3 million and acquired the loan.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A complaint;

1. Application for subscription to I mobile phones prepared by the suspect, details of loans for long-term cards in the name of the complainant, and application of Acts and subordinate statutes governing the identity of the complainant and the suspect mobile phone;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of fines, respectively;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;

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