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(영문) 인천지방법원 2017.01.19 2016고단7812

사문서위조등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person working for (State) DGU agency in the Nam-gu Incheon Metropolitan City from June 2015 to February 2, 2016.

On October 2015, the Defendant kept his/her cell phone phone of his/her relative E while opening his/her cell phone.

Using a copy of E’s identification card to open and dispose of mobile phones.

1. On December 20, 2015, the Defendant forged a private document: (a) on the application form for mobile phone purchase in D, the Defendant written his/her name “E”, “F”, “F”, “H”, and “E” on the contact column in the Incheon Jung-gu Incheon Jung-gu Office, and signed the name of the subscriber; and (b) on the next page, the Defendant signed the application form for mobile phone purchase.

Accordingly, the defendant forged the application form for mobile phone subscription in the name of E, a private document related to rights and duties for the purpose of uttering.

2. The Defendant, at the time and place specified in paragraph 1, submitted a forged mobile phone membership application to the LGU head office that may know of the forgery, and exercised the said investigation document as if it were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes on mobile phone subscription applications and Kakao Stockholm text details;

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. Selection of a selective fine for punishment (including the confession and reflection of a criminal defendant, and the absence of any record of punishment for the same kind of crime);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;