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(영문) 청주지방법원 2017.11.09 2017고단36

사문서위조등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2012, the Defendant was sentenced to a suspended sentence of one year on the 14th of the same month by imprisonment with prison labor for larceny of a structure at night at the Cheongju District Court, and the said judgment became final and conclusive on the 14th of the same month.

Criminal facts

1. On February 29, 2012, the Defendant: (a) received a copy of F’s resident registration certificate from an agent of “D” mobile phone located in Seo-gu, Seo-gu, Seo-gu; (b) received a request from E to open one mobile phone in F’s name; and (c) received a copy of F’s resident registration certificate without E’s consent; and (d) received a copy of F’s resident registration certificate to open one mobile phone in F’s name using a copy of F’s resident registration certificate without E’s consent.

On the same day, the Defendant, at the aforementioned mobile phone agency, concluded that G, as “the same day, was allowed to open one cell phone in the name of F from E”, and had G, “olleh Moble new application” and “olleh call/ set application”, written “F” in the customer name column, and written F’s resident registration number and signed next to the name.

As a result, the Defendant, for the purpose of uttering, tried to set up a new application in F’s name, for the purpose of uttering, one set of the F’s application form and one set of the application form, respectively.

2. The Defendant, at the time, at the time, and at the place in the preceding paragraph, exercised the instant investigation document as if he were duly formed with Chapter 1 of Maleh New Request and Chapter 1 of Maleh’s Request, which was forged, as set out in the preceding paragraph, for the opening of a mobile phone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of some of the police officers against the accused;

1. Each police statement made to E, G, and H;

1. Application form for a mobile phone;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of final judgment), and application of a copy of judgment-related Acts and subordinate statutes;

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. To treat concurrent crimes;