beta
(영문) 부산지방법원 2013.10.01 2013고정3993

사문서위조등

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 22, 2013, the Defendant entered the application form for the purchase of a mobile phone in the name of another person at the CBusiness Store (representative D) located in Jung-gu, Busan, with the aim of exercising the right to purchase a mobile phone terminal in the name of another person, the Defendant drafted one copy of the application form for the new purchase of the mobile phone in the name of the client, who is a private document on his/her duties, without the authority, stating “E, F, and Busan YL 20302” in the customer name column.

2. At the same place on the same day, a forged document was submitted to D of the store for use.

3. On April 25, 2013, the Defendant entered “E, F, Busan K Apartment 2-705” and “E” in the column of the subscriber to the mobile phone subscription application form, which is a private document related to HG mobilephone sales store located in Jung-gu, Busan, with the aim of exercising the right at the I business shop (representativeJ) located in the middle-gu, Busan, and entered one copy of the application form for new entry of the mobile phone in the name of E, a private document concerning the rights and obligations, with the intention of exercising the right at the I business shop (representativeJ).

4. For the purpose of exercising at the same location as in the preceding paragraph, the Defendant entered the “E” column in the applicant column for the consent to utilize personal information kept at the said operating store, and subsequently prepared a letter of consent to utilize personal information, which is a private document related to the certification of fact, without authority, after the name.

5. At the same place on the same day, two copies of the forged private documents were submitted to the J of the operating point.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application form and written consent to the utilization of personal information;

1. Application of Acts and subordinate statutes to investigation reports (portable phone sales store and monetary investigation).

1. Article 231 of the Criminal Act as to the facts constituting an offense, Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;