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(영문) 대구지방법원 2013.10.16 2013고정1932

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

The Defendant posted the results of new opening of the mobile phone of “D” mobile phone agents in Youngcheon-si, which is operated by friendly B, and used the personal information of “D” agencies in order to have the profits obtained as a result of such opening divided with B, thereby raising the opening performance of the mobile phone by using the personal information of “D”, which was known in advance.

1. On October 26, 2012, the Defendant forged private document: (a) sent one copy of the application for mobile phone entry in the name of “G” mobile phone agency run by the Defendant in Yongcheon-si; and (b) had B, without authority, enter “E”, “H”, “H”, “I”, and “E” in the resident registration number column, and “E” in the address column; and (c) had B, without authority, sign the application form for mobile phone entry in the name of “G” agency operated by the Defendant in Yongcheon-si, “D”, and “E” in the name of “E”.

Accordingly, for the purpose of uttering, the Defendant forged a new mobile phone entry contract in the name of E, a private document on rights and obligations.

2. On October 26, 2012, the Defendant: (a) caused B to file an application for new entry of a forged mobile phone in the aforementioned “D” under the name of B who is aware of the forgery; and (b) exercised the said company’s employees, who could not know the forgery, as if they were genuine.

3. The Defendant, at the time and place mentioned in paragraph (2), had B, who is aware of forgery, establish one copy of the new mobile phone entry contract in the name of counterfeit E, as described in paragraph (1), and had B actually applied for a new mobile phone entry into the E, thereby deceiving the employee by submitting the name of the victim SK Telecom Co., Ltd. to an employee whose identity cannot be known.

However, facts are that E is the defendant.