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(영문) 창원지방법원 2017.01.18 2016고단3795

사문서위조등

Text

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

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

Reasons

Punishment of the crime

[Criminal Records] On April 26, 2016, the Defendant was sentenced to a suspended sentence of two years in October due to the charge of forging private documents at the Changwon District Court, and the judgment became final and conclusive on May 4, 2016.

[Criminal facts]

1. On September 23, 2015, the Defendant: (a) stated that “name D, date of birth, E, address Kim Jong-si’s Fho Lake” in the column of customer members applying for subscription of a new contract for the Scom Telecom service with the intention of opening and using the mobile phone in the name of D from the c mobile phone sales store located in Kimhae-si B; and (b) stated “D” in the column of customer members applying for subscription; and (c) stated “name D, E date of birth, and address Fho-si in the column of customer members of the purchase contract at the end of the end.”

Accordingly, for the purpose of uttering, the Defendant forged one copy of a new contract for the Scom Telecom Services in the name of Scom, which is a private document D.

2. The Defendant exercised the aforementioned investigation document by presenting the forged document to G employees of the aforementioned mobile phone store who knew of the forgery at the time and place specified in paragraph (1) as if they were actually prepared.

Summary of Evidence

1. Previous convictions in the judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the judgment).

1. Statement by the defendant in court;

1. A copy of a new contract for services;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 231 of the Criminal Act and Articles 231 of the Criminal Act (the point of Article 231 of the Private Document, Selection of fines) and Articles 234 and 231 of the Criminal Act concerning the crime (the point of exercising the aforementioned investigation document);

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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;