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(영문) 서울동부지방법원 2016.05.31 2016고정117
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

1. On November 24, 2014, the Defendant: (a) signed a new mobile phone service contract and a contract for the installment sale of a short term contract at the agency located in Gangdong-gu Seoul Metropolitan Government; (b) on the applicant column of the mobile phone service contract; (c) signed the “E” in the column of the date of birth; and (d) signed the “E” in the State column; and (c) submitted as if the agent was duly formed to an agency employee who could not know the name of the said D’s name.

Accordingly, for the purpose of uttering, the Defendant forged and exercised the new contract for Handphone service, which is a private document on the rights and obligations, and one copy of the contract for the installment transaction of the terminal respectively.

2. The Defendant, at the above date and at the above place, presented a new contract for the Handphone service that was forged as above, carried out as if he was D, and deceiving an employee whose name could not be known as if he would pay the price normally if he had opened the mobile phone.

The Defendant obtained one mobile phone from the Victim SK Telecom Co., Ltd., and used it from around that time to May 26, 2015, but did not pay 1.1 million won of its usage, thereby acquiring property benefits equivalent to the above amount.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has made a statement in court;

1. Application of Acts and subordinate statutes, such as the petition of the police statement made to D, a new service contract, a short installment transaction contract, and a detailed statement of settlement of small amount settlement;

1. Article 231 of the Criminal Act (the point of Article 231 of the same Act), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document) of the same Act concerning the facts of crime, and Article 347 (1) of the Criminal Act (the point of fraud);

1. Selection of a fine for each type of punishment provided for in Articles 40 and 50 of the Criminal Act (inter-party to each of the above investigation documents) in the ordinary concurrent crimes;

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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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