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(영문) 대구지방법원 김천지원 2017.12.14 2017고단1265
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On December 6, 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. by the Cheongju District Court, and on November 26, 2014, the Defendant completed the execution of the sentence in the Cheongju prison.

1. The Defendant was employed by E, a mobile phone sales agent operated by D in Guro-si, Seoul, as a salesperson from the lower police officer on 2015.

On February 5, 2016, the Defendant: (a) prepared an application for the purchase of a mobile phone in the name of F by using the F’s prior knowledge of the personal information in advance; and (b) submitted the application to an employee in the name of KT from F as if he/she obtained consent from F to the opening of a mobile phone; and (c) obtained the delivery of the mobile phone (opon 6S) equivalent to KRW 1,130,800 in the name of F from the injured party; (d) obtained the delivery of the mobile phone (opon 6S) in the name of F; and (e) acquired the victim’s employees by deceiving him/her four times in total from July 22, 2016 in the same manner as written in the list of crimes, and acquired the same amount of KRW 3,96,800 by delivery.

2. Forgery of private documents and the uttering of a falsified investigation document;

A. On June 20, 2016, the Defendant forged a private document: (a) entered “G”, “G”, “G”, and “G” in the column for customer registration in the name of the customer who was kept in the store via the pen; and (b) entered the signature of G in the column for the applicant’s subscription.

Accordingly, for the purpose of uttering, the Defendant forged a new application form in the name of G, a private document related to rights and obligations.

B. The Defendant at the above time, at the above location, carried out a can by using a computer, and submitted it to the KT Telecommunication Open Site as if it was duly formed (State) as if it was duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Indicating each part of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. Each legal statement of witness D and witness I.

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