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(영문) 부산지방법원 2014.04.10 2013고정5649

사문서위조등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 16, 2012, the Defendant forged two copies of an application for joining a mobile phone in the name of “E”, “F” in the resident registration number column, and “F” in the date of preparation by means of signing in the name of “E” without authority for the purpose of exercising the right and duty by signing in the name of “E”, “F” in the name of the nominal owner of the application for joining a mobile phone in order to open two mobile phone in the name of “D” mobile phone sales agent operated by the Defendant in the Geum-gu, Busan.

2. The Defendant, at the same time and place as set forth in paragraph (1), delivered two copies of the application form for admission of a forged mobile phone to ELS Co., Ltd., which was aware of the forgery, as if it were the document duly formed, and exercised the same.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police interrogation protocol of G and H:

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to a complaint or mobile phone subscription application;

1. Article 231 of the Criminal Act as to the facts constituting an offense, Articles 234 and 231 of the Criminal Act;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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