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(영문) 서울북부지방법원 2017.10.24 2017고정1577

사문서위조등

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On October 18, 2016, the Defendant was sentenced to imprisonment with prison labor for 8 months and two years of suspended execution for fraud, fabrication of private documents, and fraud of the above investigation document at the Seoul Central District Court on October 18, 2016, and the judgment was finalized on October 26, 2016.

On November 2014, the Defendant had been aware of the subscription information of KT agency near Jongno-gu Seoul Metropolitan Government B Station in order to open the cell phone in the name of the victim and dispose of it.

1. Primary crime related to DNA phone numbers;

A. On December 31, 2015, the Defendant: (a) committed the act of forging a private document and exercising the said investigation document as if he opened a Handphone at the F retail store located in Seoul Special Metropolitan City, Nowon-gu upon C’s request; (b) stated the victim’s application form (D) and personal information, such as the victim’s name and date of birth; and (c) forged the victim’s application form for subscription to a mobile phone in the name of the victim, which is a private document related to rights and duties, and submitted the written consent for use of personal information to the said seller without knowledge of the fact that the forged application form was duly concluded.

B. As seen above, the Defendant, as if C applied for the purchase of a mobile phone, by deceiving the victim LG U, received a mobile phone equivalent to KRW 909,900 from around that time, and had his/her name-oriented person use the said mobile phone, thereby obtaining pecuniary benefits equivalent to KRW 2,342,428.

2. On February 18, 2016, the criminal defendant committed secondary crimes related to D mobile phone number D with access to the website of the KT TT Telecommunication Agency using a computer located at H located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, and without obtaining consent or delegation from C, he/she forged an application for a mobile phone number D, which is an electronic record, by arbitrarily inputting the name, address, and resident registration number of C, and as such, he/she is aware of the fact that the aforementioned application for the above subscription was duly completed.