beta
(영문) 광주지방법원 2016.09.22 2016고정577

사전자기록등위작등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

"2016 High 577"

1. On December 2014, the Defendant, as the mother of the Victim C (21, 200, 300)’s male-gu D with the victim’s consent, used two mobile phones via a cell phone with the victim’s consent, and was able to open a cell phone in the victim’s name more.

On January 22, 2015, the Defendant prepared “ smart application”, which is a special media, such as another person’s electronic records, such as rights, obligations, or proof of facts, with the intent to perform administrative affairs in the “Aean information and communication” located in the Young-gun, Young-gu, Southern-gun, Nam-gu, Seoul, the Defendant forged the “ smart application” with the victim’s electronic signature on a portable device using an electronic pen.

2. The Defendant, such as the electronic records of the above writers, exercised the electronic records so that the electronic records can be used by making an employee of the mobile phone sales store who is unaware of the fact at the above time and at a place.

"2016 High 578"

3. On October 11, 2013, the Defendant: (a) around 10:00 on October 11, 2013, the Defendant: (b) at G cafeteria operated by the Victim F (61 tax) in Young-gun E, Nam Young-gun; (c) the Defendant would be an employee with the Defendant’s payment of KRW 500,00

A false statement was made.

However, even if the defendant received the above money, he did not have the intention or ability to work as an employee.

The Defendant, as such, by deceiving the victim, received KRW 500,00 from the victim at the same time and place.

Summary of Evidence

[2016 High Court Decision 577]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A smart application [2016 high-level 578];

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant legal provisions on criminal facts, Article 232-2 of the Criminal Act (such as electronic records, etc.), Articles 234 and 232-2 of the Criminal Act (the event, such as electronic records, etc. of the above author), Article 347(1) of the Criminal Act (the point of fraud), and the choice of each fine.