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(영문) 대구지방법원 서부지원 2016.09.07 2016고정351
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 14, 2016, the Defendant was sentenced to imprisonment with prison labor for 4 years and a fine of 330 million won in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (issuance, etc. of False Tax Invoice) by the Daegu High Court on January 14, 2016, and the judgment became final and conclusive on April 1

1. On May 30, 2013, the Defendant forged private document: (a) from “C” located in the Daegu Northern-gu, Daegu Northern-gu, Seoul, submitted various documents as if he/she was delegated from “D to “the first “E” but the number was changed several times to “the last “F”; and (b) an employee whose name is unknown has not been identified to “D”, “a new service contract”, “a contract for installment transaction of a device,” and “an application for subscription to the fee rate system” in the name column of customer information applied for membership, “D”, “G”, “H”, and “I multi-household house 402 in the resident registration number column of Gyeonggi-do, Gyeonggi-do,” respectively, and (c) signed the name next to D’s name stating “D” in the respective contract and the customer application column at the bottom of the application.

Accordingly, for the purpose of exercising authority, the Defendant forged each of the above contracts and three copies of the application in the name of D, a private document related to rights and obligations, respectively.

2. The Defendant, at the same time and place as Paragraph 1, submitted to the said “C” employee who is aware of the forgery, a forged contract and three copies of the application form as if they were duly constituted.

3. The defrauded presented the forged “new service contract”, etc. at the same time and place as referred to in paragraph (1) and a copy of the above D’s resident registration certificate via the aforementioned “C” employee, and the Defendant made a false representation as if he/she applied for the mobile phone purchase in the name of D with D’s delegation.

However, the fact is subject to D's consent or delegation in applying for the mobile phone at the time.

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