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(영문) 대구지방법원 2016.04.28 2016고정393

사문서위조등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

[criminal records] On January 29, 2016, the Defendant was sentenced to three years of imprisonment with prison labor for 6 months, forgery of private documents, etc. at the Daegu District Court, which became final and conclusive on February 6, 2016.

[2] On March 18, 2014, the Defendant: (a) had the intent to change the name of the mobile phone to E having a legal marital relationship; (b) had the name of the mobile phone in the phone number column of the T mobile phone name change contract; (c) had the signature of “F”, “E”, “G”, and “E” in the customer column; and (d) had the signature of the name on the name of the customer column; (c) forged one copy of the contract under the name of E; and (d) had the aforementioned employees in the above sales store submitted the forged contract as if they were normally prepared.

Accordingly, the Defendant forged and exercised a copy of the contract under the name of E, a private document on rights and obligations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written petition;

1. A contract for change of name;

1. Previous convictions: A reply to inquiry, such as criminal history, written judgments, and application of Acts and subordinate statutes as a result of case search;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;