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(영문) 대구지방법원 김천지원 2013.11.08 2013고정441

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 4, 2013, the Defendant was sentenced to imprisonment with prison labor for embezzlement, etc. at the Daegu District Court Kimcheon Branch on January 4, 2013, and the said judgment became final and conclusive on January 7, 2013.

1. Around May 1, 2012, the Defendant: (a) opened two mobile phones in the name of the Defendant E in the name of the mobile phone in the Gu and America-si B; (b) entered “E”, “F”, “E”, “E”, and “E” in the buyer column in the date column; and (c) signed on each side of the name, respectively.

Accordingly, for the purpose of uttering, the Defendant forged two copies of the application for joining in the name of E, a private document on rights and obligations.

2. The Defendant: (a) delivered two copies of the forged application form, as in paragraph (1), to the above C, who is aware of the forgery at a time, at the same time and place as in paragraph (1), as if the document was duly formed.

3. The defrauded presented two copies of the forged application form, such as Paragraph 1, at the same time and place as Paragraph 1, and, as such, deceiving C of the victim as he was delegated to open two cell phones in the name of E from the above E.

The Defendant received, from the accused, one unit of gallon phone-based gallon phone in the amount of KRW 93,900, the market price of which is equivalent to KRW 99,900, respectively, from the accused.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Two copies of an application for joining;

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records, references to criminal records, previous records of dispositions, results of confirmation of dispositions (Attachment to judgment No. 2012 type 17254);

1. Relevant provisions of Article 347 (1) of the Criminal Act for the crime concerned, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act for each crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 of the Criminal Act dealing with concurrent crimes;