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(영문) 서울서부지방법원 2018.02.01 2017고정1259

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

On March 30, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on March 30, 2017, and the said judgment became final and conclusive on July 14, 2017.

The defendant, while working as a mobile phone salesperson, used a copy of his identification card received from the victim B, who was a mobile phone opening, to open the cell phone in the victim's name.

On May 11, 2016, the Defendant, at D located in Eunpyeong-gu Seoul Metropolitan Government, signed as “B” to the customer column, “E” to “B,” and “B” to “B” to purchase the so-called “B” on the part of the customer column of the site for application for subscription to the LGU located in Eunpyeong-gu, Seoul through his name-free employees, and submitted to the employee in charge of the LGU Co., Ltd., who is aware of the said circumstances.

Accordingly, for the purpose of exercising authority, the Defendant forged a copy of the application form in B, which is a private document related to rights and obligations, and exercised it.

Summary of Evidence

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Statement made by the police against B;

1. A report on investigation (a copy, etc. of the written judgment on related cases);

1. Application of Acts and subordinate statutes on application for membership;

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), and the selection of fines, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;