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(영문) 서울중앙지방법원 2019.01.23 2018고정2525

사문서위조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operated a mobile phone sales store in Seoul Special Metropolitan City, Gwanak-gu.

The defendant, who visited D (China's nationality, D) to change the name, received an identification card and a copy of the passbook from D (Korean nationality, and used it to open the mobile phone in the name of D at will.

1. On February 4, 2016, the Defendant forged private document: (a) stated “D”, “G”, “H”, “H”, and “B” (the cell phone number that was actually opened is referred to as “J”) in the column for signing the applicant’s signature, using the pentle in the application form for joining the E Company F, Inc.; and (b) signed “D” in the column for signing the applicant’s signature.

Then, a separate application for admission was prepared with the above content as K’s desired number for admission.

Accordingly, for the purpose of uttering, the Defendant forged the F subscription application in the name of D, a private document related to rights and obligations, respectively.

2. The Defendant, at the same time and place as set forth in paragraph (1), sent to N a person in charge of M, a corporation with the first floor L in Seongbuk-gu, Sungnam-si, Sungnam-si, which is aware of the forgery as if the two copies of the F subscription application under the above forged name were duly formed, and exercised each of them.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a petition, F subscription application, F subscription application (K), investigation report (for a cell phone in the name of the victim), and investigation report (for a cell phone in the name of the victim);

1. Article 231 of the Criminal Act applicable to the facts constituting an offense (the point of each private document) and Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (inter-Korean between the points in which an event of a falsified investigative document is held);

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