beta
(영문) 부산지방법원 2017.01.19 2016고정3849

사문서위조등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On February 1, 2016, the Defendant forged a private document: (a) written a mobile phone service contract in D’s name using D’s personal information from a mobile phone agent “C” operated by the Defendant located in Busan Y-gu, Busan, and entered “D’s name” and “E” in the column for the subscriber’s name.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the mobile phone service contract in the name of D, which is a private document on rights and obligations.

2. The Defendant, at the time and place specified in paragraph (1) above, presented a copy of the mobile phone service contract in the name of theD forged, to the SK upper-tier agency with no knowledge of forgery, and exercised the aforementioned investigation document as if it were genuine.

3. The Defendant was issued a mobile phone (opon 6 SP flus f4) whose ex-factory price in the name of the victim SK top agency was KRW 1,130,000 from the victim SK top agency as if the mobile phone contract in the name of the forged D was made genuine as described in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes on new contracts for mobile phone services;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 347(1) of the Criminal Act, and the choice of fines, respectively;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to reduce the amount of fine determined by the summary order by taking account of equity, etc. in cases where the defendant is conducting a consolidated trial with the Busan District Court 2016 order which is currently pending in the trial.