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(영문) 대구지방법원 영덕지원 2016.11.23 2016고단209

사서명위조등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 20:10 on August 15, 2016, the Defendant was running Obaco in the Famba-dong, Simsan-si, Simsan-si, and was subject to control from the slope E belonging to D department of the Simdong Police Station D for the violation of signal, the Defendant called E, the name of F, resident number, etc., was entered in the “Notification of Penalty Payment” using an electronic device (PDA), and requested the Defendant to sign it. As such, the Defendant signed “F” on the offender column and sent E a forged signature to E without knowledge of the fact.

Accordingly, the defendant forged the F's signature and exercised it for the purpose of exercising it.

2. On September 2, 2016, around 14:33, the Defendant: (a) operated Otoba in a remote area located in Otoba in Oba in Obasi-si; (b) caused G to be subject to control by G on the ground of the violation of signal or instructions; (c) “H’s name and resident number, etc. in the notice of penalty payment” using an electronic device (PDA); (d) required that G enter H’s name and resident number, etc. in the “written notice of penalty payment”; and (e) required that G sign the Defendant; (c) signed the offender “H” on the offender column; and (d) caused G to transmit the forged signature to the relevant electronic computer system without knowledge of such circumstances.

Accordingly, the Defendant forged and used H’s signature for the purpose of exercising the right.

Summary of Evidence

Defendant’s legal statement

A penalty payment notice, a report on the generation of digital signature data (unlawful use of private signature), a pertinent Article 239(1) of the Criminal Act for a crime subject to the application of Acts and subordinate statutes, and the choice of punishment under Article 239(2) and Article 239(1) of the Criminal Act, among concurrent offenders under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the punishment of Article 62-2 of the Social Service Order Criminal Act is imposed.