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(영문) 서울북부지방법원 2016.04.21 2016고단525
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 14, 2014, the Defendant forged private document: (a) indicated “F”, “G”, “H”, “H 1404,” “Seoul Seongbuk-gu I Apartment-gu,” “24 months,” and “F” on the part of the State column, and signed “F” on the part of the customer column of the application for subscription to a new contract for the SK Telecom Service with the view of exercising the right in the E located in Jung-gu Seoul Metropolitan Government, Jung-gu, without the authority.

Accordingly, the Defendant forged one copy of a new contract for SK Telecom Services in the name of F.

2. The Defendant exercised the said investigation document by submitting one copy of the new contract under the name of SK Telecom Services, which was forged as stated in the foregoing paragraph 1, at the time, at a place specified in the foregoing paragraph 1, to the J of E selling staff, as if the document was duly formed.

3. The Defendant: (a) submitted one copy of a new contract for the SK Telecom Services under the above paragraph (2) as if the Defendant had legitimate right to open a mobile phone to the sales employee J of the victim K using the same method as the date, time, place, and place of the above paragraph (2) above; and (b) obtained the issuance of one so-called Samsung Gallon in the amount equivalent to the market price of Samsung Galle Tju 4,000 won from the damaged party and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made to K in the police statement;

1. The written statement of the defendant;

1. A complaint filed by K;

1. Descriptions of a new service contract and a contract for short-term transactions and the application of existing Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, Articles 231, 234, 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment for a specific term;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act for the observation of protection and community service order;

1. The defendant and his defense counsel;

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