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(영문) 서울중앙지방법원 2013.06.05 2012고정4681

사문서위조등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. C Co., Ltd. is a multi-level company with the structure of soliciting and arranging subscription to mobile phones and receiving fees therefor from mobile carriers, and paying each allowance to subscribers, beneficiaries who are their business operators, and applicants who are beneficiaries' business operators. The Defendant is a staff member of C’s regional branch office.

On September 7, 2010, the Defendant: (a) at the C Station C branch offices located in the Gangnam-gu Seoul Metropolitan Government D D Building, at the Defendant’s request from its own licensee E, opened the SKS mobile phone in the name of Dong, using a copy of F’s resident registration certificate, and received allowances in the name of Dong; (b) the Defendant accepted the proposal; and (c) the above E, at the seat, made the entry “F”, “G”, “F” in the resident registration number column, “A”, and “E” in the beneficiary column, made the signature of Dong in the name of the F, and sent the application for joining the SKS mobile phone in the name of the F, namely, the fact that he knows is known, via the customer staff member of the said company via the C branch office.

As a result, the Defendant, in collusion with E, forged a copy of the FT mobile phone entry application in the name of FT mobile phone, which is a private document related to rights and duties without authority, and exercised it.

2. The Defendant, in collusion with E, filed a new mobile phone entry in F’s name without legitimate authority at the time, place, as described in paragraph (1). The Defendant deceptioned the Victim C Co., Ltd. and obtained from the victim one of the mobile phone devices (i.e., model name IMA 650S) equivalent to KRW 927,300 from the victim.

Summary of Evidence

1. Partial statement of witness E;

1. Statement made by a witness H in the fifth trial records;

1. The prosecutor of the defendant;