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(영문) 부산지방법원 2013.06.27 2013고단206
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 11, 2011, the Defendant was sentenced to one year of imprisonment or two years of suspended execution with respect to fabrication of private documents at the Busan District Court, which became final and conclusive on February 19, 201, and is currently under the grace period.

[Attachment 2013 Highest 206]

1. At around 12:00 on July 16, 2012, the Defendant: (a) drafted a private document; (b) opened a new mobile phone to D; and (c) entered “F”, “G”, “F”, “F”, “F” in the resident registration number column; and “F” in the applicant column; and (d) signed on F’s name next to the applicant column, as indicated in the attached list of crimes committed on that day; and (b) written an application for new subscription in the name of P in total of six names as indicated in the attached list of crimes committed.

Accordingly, for the purpose of uttering, the Defendant forged and exercised six copies of the application for new entry in the name of six persons such as F, etc., which is a private document on rights and obligations.

2. Fraud and attempted fraud were said to the said victim D at the above date, time, place, and the said victim D saying, “The said victim will not be held liable if there is any harsh problem.”

However, the new application for subscription issued to the victim was forged as above.

As such, the Defendant, by deceiving the victim, received five mobile phones in S3 mobile phones in the gallon of an amount equivalent to 4,972,00 won per unit (94,400 won per unit) from the victim, i.e., the victim, who was affiliated with the Defendant, at his seat, and attempted to receive more than one unit in H’s name on the same day, and attempted to receive more than one unit under H’s name.

[2013 Highest 509] The Defendant, while working as a mobile phone salesperson, was willing to prepare an application for joining and open a mobile phone without the client’s consent to receive allowances.

1. Forgery of private documents;

(a) a crime of forging a mobile phone subscription application with model name SHV-E140K (32G).

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