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(영문) 서울중앙지방법원 2015.10.30 2015고정3673

점유이탈물횡령등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around November 2014, the Defendant solely committed an offense by the Defendant: (a) obtained a lost driver’s license from the victim B around the new forest basin in Seoul Special Metropolitan City, but did not follow the procedures to return it; and (b) embezzled the property that he/she left the possession of the victim.

2. The Defendant and C, as described in paragraph 1, obtained a cell phone by opening the cell phone in the name of B with the sign language that Defendant A possessed the B’s driver’s license, as well as the Defendant and C conspired to sell it and use it for dividing the sales proceeds.

On November 13, 2014, the Defendant conspired with C to forge private documents, entered the victim B's personal information in the name of B with the purpose of exercising his/her authority in the new contract and application form of SK Telecom Co., Ltd. with the aim of exercising his/her authority on November 13, 2014.

As a result, the Defendant, in collusion with C, forged 7 copies of private documents, such as a new contract for the service of SK Telecom Co., Ltd. (in two copies), application form for discount, application form, application form for prohibition of access, application form for prohibition of perusal/inspection, contract form for terminal use, personal information, etc., and issued them to non-personal information employees who are aware of the fact.

B. The unlawful uttering of official document in collusion with C, the Defendant presented B’s driver’s license with respect to B, which had already been obtained, to an employee in the above E’s name requiring identification while submitting documents in the name B as described in the above paragraph (a).

C. The Defendant, in collusion with C, committed the following methods as if the Defendant was B and delivered a mobile phone, thereby paying the price and the telecommunications fee normally.