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(영문) 서울남부지방법원 2014.01.27 2013고단4168

공문서위조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 23, 2013, the Defendant forged another person’s identification card as a proposal of a person without his name, and used it to open his/her cell phone, and the Defendant marked his/her photograph and delivered it to the person with poor name via e-mail. From that time to November 3, 2013, the Defendant created one copy of his/her resident registration certificate printed on “the head of Yeongdeungpo-gu Seoul Metropolitan Government Office on October 17, 2006” with the name and resident registration number printed on “the head of Yeongdeungpo-gu Seoul Metropolitan Government Office” at the bottom.

Accordingly, the defendant forged one resident registration certificate, which is an official document, for the purpose of uttering in collusion with the person who is not registered.

2. On November 4, 2013, when the Defendant opened a mobile phone at E stores located in Yeongdeungpo-gu Seoul Metropolitan Government, around 15:00, the Defendant took place as if C, and submitted a forged resident registration certificate to the victim F, who is an employee, and exercised a forged official document, as described in paragraph (1), as if the registered resident registration certificate was duly formed, as described in paragraph (1). The Defendant received a delivery from the victim of Samsung Ggalno Talian Tallon three mobile phones, the market price of which is equivalent to KRW 1,067,00.

3. 피고인은 2013. 11. 4. 16:20경 서울 영등포구 G에 있는 H 매장에서 휴대전화를 개통함에 있어, 마치 C인 것처럼 행세하면서 제1항 기재와 같이 위조한 주민등록증을 마치 진정하게 성립한 것처럼 그곳 직원인 피해자 I에게 제출하여 위조된 공문서를 행사하고, 이에 속은 피해자로부터 휴대전화기 1대를 교부받으려 하였으나 주민등록증 위조사실을 눈치 챈 피해자가 경찰에 신고하는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Voluntary report;

1. Documents for application of mobile phones;

1. Application of Acts and subordinate statutes to e-mail output materials and text messages;

1. Criminal facts;