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(영문) 서울동부지방법원 2016.09.23 2016고단2239
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 February 2015, the Defendant found one resident registration certificate lost by the victim C in the old world near Gangdong-gu Seoul, Gangdong-gu.

Defendant embezzled the above resident registration certificate without returning it to the victim.

2. On February 16, 2016, the Defendant violated the Resident Registration Act presented a resident registration certificate under the above C when F, the owner of the E agency located in Gangdong-gu Seoul Metropolitan Government D, demanded to present an identification card.

Accordingly, the defendant used another person's resident registration certificate unlawfully.

3. For the purpose of uttering at the date, time, and place specified in paragraph 2, the Defendant entered the new contract for mobile telephone service located therein in the State column as “Seoul-do Head G” and “C” on the customer column of the application for subscription, without authority, and signed it next to that.

Accordingly, the Defendant forged a private document on the rights and obligations in the name of C as above.

4. The Defendant, at the time and place specified in paragraph 2, issued a forged mobile phone service contract to the above F without knowledge of the fact, and exercised the aforementioned investigation document.

5. The Defendant presented the above resident registration certificate to the victim F at the date, time, and place of the above two paragraphs, and joined a mobile phone service as one of his own C.

However, the defendant did not have the intention or ability to pay the price even if he received the mobile phone from the injured person.

Accordingly, the Defendant acquired 2,601,240 U.S. mobile phone 6 mobile phones from the victim, which is the sum of the market price of 2,601,240.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F (including receipts and photographs attached thereto);

1. Application of statutes on a new contract;

1. Article 360 of the Criminal Act applicable to the facts constituting an offense, Article 360 of the Criminal Act (the embezzlement of deserted articles in possession), Article 37 Subparag. 8 of the Resident Registration Act (the illegal use of another person’s resident registration certificate), and Article 37 of the Criminal Act.

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