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(영문) 대전지방법원 서산지원 2021.03.29 2020고정242

사문서위조등

Text

Defendant shall be punished by a fine of 1.5 million won.

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a mobile phone agency in the name of "C" located in Seosan City B.

1. On July 27, 2017, the Defendant forged a private document: (a) requested the victim D to open a prior phone number E to the Defendant; and (b) used the victim’s resident registration certificate to open a mobile phone without knowledge of the victim’s resident registration certificate.

Defendant send a victim’s identification card to F designer G located in Ansan-do located in the same day and in the same place.

The delegated G, who delegated the preparation of a mobile subscription application in the name of the victimized Party, stated "D" in the customer column, and prepared five copies of the application documents, such as the mobile subscription application of D mobile phone H (the model LM-K120L) in the name of the victimized Party, such as private person.

As a result, the Defendant forged 5 copies of private documents, such as a mobile phone entrance application in the name of D.

2. The Defendant submitted 5 copies of private documents, such as an application for mobile subscription forged at a time and place, such as paragraph 1, to F, at the same time and place as that set forth in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The first statement made to D with regard to the police;

1. A complaint;

1. Witnesses G and I telephone conversations CDs;

1. An application form, guidance on repayment of debt, new application form C, record of the fraud case No. 2017-9343 in Korea, investigation report (related witness G telephone) [the defendant] prepared an application form, etc. for mobile phone subscription (hereinafter “instant documents”) with the permission of the name of the holder D, and thus does not constitute the foregoing Article of private documents.

The argument is asserted.

However, in full view of the following facts and circumstances revealed by evidence duly adopted and examined by this court, the defendant can be found to have forged the documents of this case without permission of D.

(1) D shall only request the defendant to open a prepaid phone and issue an identification card.