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(영문) 서울중앙지방법원 2012.10.10 2012고단2452

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant shall be sentenced to four months of imprisonment with prison labor and one year and six months of imprisonment with prison labor for the remaining crimes.

Reasons

Punishment of the crime

On August 24, 2005, the Defendant was sentenced to imprisonment with prison labor of 10 months at the Seoul Central District Court for larceny, and the judgment became final and conclusive on October 13 of the same year. On April 24, 2007, the Seoul Central District Court sentenced one year of imprisonment with prison labor for larceny, etc., and completed the execution of the sentence in the Cheongong 2 protective custody office on March 15, 2008.

1. On May 20, 2005, from around May 26, 2005 to around the 26th of the same month, the Defendant forged a resident registration certificate for the F of the following public document, which is an official document, without authority, and issued it to the Defendant without authority, by inserting a photograph verifying the Defendant’s identity to a person who was under the name of another person, making a false representation of his/her identity, and inserting a false representation of his/her resident registration certificate under another person’s name; and by inserting a photograph indicating the Defendant’s identity in an irregular manner in accordance with his/her proposal, the Defendant inserted it into “the resident registration certificate, F, G, Hasan-si, Jeollabuk-do, and Do-do-do-do-do-do-do-do-do-do-U,” and attaching a prompt seal on the side.

Accordingly, the defendant forged a public document in collusion with a person with no name or a person with no name.

2. On March 13, 2009, the Defendant applied for the opening of two mobile phones at an agency selling mobile phone of Seodaemun-gu Seoul Metropolitan Government “I” mobile phone machines: (a) as if he was F, issued a resident registration certificate in the name of F, which is a forged public document, to the employee J, and had him copy the above resident registration certificate; (b) continuously signed the application form for the subscription of Lelcom Telecom Services in Chapter II, and signed it in the column of the buyer/subscriber (agent) of the mobile phone sales contract and issued it to J, respectively.

Accordingly, the defendant exercises the forged official document, and is in the name of F, a private document for the purpose of uttering.