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(영문) 대전지방법원 2018.05.23 2017고단3749 (1)

절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 18, 2016, the Defendant: (a) stolen the victim’s resident registration certificate in the victim’s name, body card, etc. in the market where the victim E was divingd; and (b) stolen the victim’s wall owned by a non-victim in the market.

2. The Defendant forged a private document with a resident registration certificate, physical card, etc. of E in mind to use it for re-issuance of a passbook.

On October 31, 2016, around 12:54, the Defendant prepared “F”, “G”, and “H” in the column of the application for the re-issuance of the head of the Tong from the NAF, the telephone number column, and the signature “E” in the signature column, in the form of the application for re-issuance of the head of the Tong.

Accordingly, for the purpose of exercising, the Defendant forged an application for re-issuance of the passbook in the name of E, a private document related to rights and duties.

3. The Defendant exercised the above investigation document as if he were a document duly formed, at the date, time, place, and place described in paragraph 2 of the above Article, with a named bank employee who was unaware of such forgery.

4. No person who violates the Electronic Financial Transactions Act shall lend any access medium with the intention of receiving, demanding or promising any access medium in using or managing the access medium, and shall lend the access medium with the knowledge that it will be used for a crime or to be used for a crime;

Nevertheless, on December 29, 2016, the Defendant was aware of it.

I received a proposal from I to lend the passbook to be used for committing the Internet goods fraud, and I lent to I the passbook, which is the access media of the NongHyup Bank account (J) issued in the name of E, as set forth in paragraphs 2 and 3 above, and received KRW 50,000 in return.

Accordingly, the defendant, knowing that he will be used in the crime, lent the access media in return for compensation.

Summary of Evidence

1. Statement by the defendant in the first trial record;