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(영문) 서울서부지방법원 2020.02.21 2019고정851

사전자기록등위작등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who was a seller of C agency in Eunpyeong-gu Seoul Metropolitan Government.

On April 20, 2018, the Defendant drafted an application for joining a mobile phone with the consent of D at the above agency, and used the file of the above D’s resident registration certificate to open the B’s resident registration certificate to the B’s name without the aforementioned D’s permission to increase the number of performance.

On April 20, 2018, the Defendant entered the E- B’s personal information in the E- B’s application form, which is kept in the electronic form without D’s consent, from a C agency located in Eunpyeong-gu Seoul Metropolitan Government, and signed in D’s name.

As a result, for the purpose of interfering with the business affairs of E, the Defendant cited one copy of the CPN-L09 model application form in the name of electronic records, D, the electronic records of rights and obligations, and used it by transmitting it to the non-explic of the headquarters of E, which is aware of the forged fact.

B. The Defendant used the CPN-L09 model PC application in the name of the Defendant, as described in the preceding paragraph, to obtain a F number from the victim E, and then was provided with one model device at the CPN-L09 model value equivalent to 297,000 won ex-factory price from the person in charge of the above mobile phone sales agency’s name. The Defendant was provided with services equivalent to 220,830 won including telephone fees for goods purchase, etc. using the above device.

Accordingly, the defendant, by deceiving a person in charge of communication and a person in charge of mobile phone sales agency, acquired property equivalent to 297,000 won and property benefits equivalent to 220,830 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of materials submitted by a complainant);

1. Relevant Article 232-2 of the Criminal Act, the choice of punishment for the crime (the occupation of an electronic recording document) and Articles 234 and 232-2 of the Criminal Act, and the exercise of a prior recording of a person committing a crime;