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(영문) 전주지방법원 군산지원 2018.08.24 2018고단457
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, as an insurance designer, was aware of the customer B’s personal information, had been issued a credit card in B’s name and used it.

1. On October 4, 2016, the Defendant forged a private document or the instant investigation document: (a) stated “name: B; (b) mobile phone; E; address; and (c) indicated “B” in the applicant’s column as “B; and (d) signed a private document on the rights and obligations; (b) forged one copy of the application form for membership of the card; and (c) exercised the said membership application form to F, the card recruiter, who was the card solicitor, as if the completion was duly constituted, on the following occasions:

2. On November 16, 2016, the Defendant: (a) opened the SK Telecom’s cell phone; (b) presented the card to the relevant employee as if he/she was actually issued with the card in the name of B; and (c) paid the mobile phone charges; and (d) obtained financial benefits equivalent to the same amount by deceiving the victim card chain chain store proprietor or his/her employees in the same manner eight times from around that time to April 28, 2017, as indicated in the list of crimes in attached Table 2017, by inducing them to settle KRW 6,211,740 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. An application for membership in a complaint book or a lot card;

1. Application of Acts and subordinate statutes to an objection against an illegal issuance (misappropriation of the name);

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), Article 347(1) of the Criminal Act (the point of fraud), and the choice of imprisonment with labor;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant recognized the crime and reflects it, and the victim voluntarily agreed with the credit card company and the victim's withdrawal and deception.

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