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(영문) 서울서부지방법원 2018.04.04 2018고단71

사문서위조등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

In Yongsan-gu Seoul Metropolitan Government, the Defendant: (a) was a person who operates a mobile phone store with the trade name of “D”; and (b) had a copy of the victim E’s identification card that opened the mobile phone in the above store; and (c) had the victim E’s identity card opened and used the mobile phone in

On March 2016, at the office of “D” operated by the Defendant located in Yongsan-gu Seoul Metropolitan Government, the Defendant entered “E”, “F”, and “G” in the name column of the phone mobile phone contract from sunrise to sunrise, and entered the name of “E”, “F”, and “E” in the phone number column, signed the victim’s signature in the customer column. At that time, the Defendant issued the Defendant’s signature as if he was the document duly formed.

Accordingly, for the purpose of uttering, the Defendant forged one chapter of the mobile phone call contract in the victim's name, which is a private document on rights and duties, from sunrise to sunrise, and used a forged private document.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on mobile telephone contracts;

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. 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that there exists a criminal history of the same kind of crime (a crime of forging and using a false mobile phone subscription contract for the purpose of raising performance), the fact that a person committed a crime using another person's personal information he/she became aware of in the course of business and the nature of the crime is not good: The fact that the victim expresses his/her intention not to punish, and there is no criminal record exceeding a fine,