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(영문) 서울남부지방법원 2018.08.23 2018고정564

사문서위조등

Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On June 26, 2015, the Defendant forged private documents: (a) entered, without authority, necessary matters in the opening of the cell phone, such as the mobile phone type, shipment price, and installment payment, at the “C” mobile phone sales store located in Busan Shipping Daegu B; (b) entered, without authority, the application for Olleh mobile subscription; (c) the application for subsidies for mobile phone subsidies; and (d) written D’s name in the applicant column; and (c) signed next.

Accordingly, for the purpose of uttering, the Defendant forged the application for the Olleh mobile subscription in the name of D, the application for mobile phone subsidies and the application for the discount of fees in the name of D.

2. The Defendant, at the same time, at a place as referred to in paragraph (1) of the above Article, issued a forged Olleh mobile subscription application, a mobile phone grant application and a discount application form as if they were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on application documents for mobile phone subscription in the D name;

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (inter-Korean between crimes of gambling documents for each of the above investigations);

1. Selection of each alternative fine for punishment;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the background and content of the crime, degree of damage, and the defendant committed the same kind of crime, but the defendant was sentenced to imprisonment with prison labor after being tried separately by the court. In addition to the instant case, comprehensive elements for sentencing, including equity, defendant's age, sexual behavior, environment, etc.