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(영문) 인천지방법원 2020.11.27 2020고단8073
사문서위조등
Text

A defendant shall be punished by imprisonment for four 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

The Defendant is a person who operates a mobile phone opening agency with the trade name "D" in the 1st floor C of the building in Bupyeong-gu Incheon Metropolitan City.

1. On May 17, 2020, the Defendant forged private documents at the above office with a view to concluding a service subscription contract, including mobile phones without the consent of the holder of the title deed, the Defendant drafted “personal information utilization consent”, “standard guide form for radio service contract”, and “the application form for mobile phone service” in the same manner as on the same day, including entering “National F” in the account number column, “G/H” in the subscriber address column, “I” and “J” in the subscriber column and signing at will.

Accordingly, the Defendant, for the purpose of exercising rights and obligations, has forged five copies, including the application form under the name of JJ, which is a private document.

2. The Defendant submitted the forged application form, etc. as if they were duly formed to the E employee in charge of the forgery at the time and place specified in paragraph (1).

Accordingly, the defendant held five copies, such as the application for admission, which is a forged private document under J's name.

Summary of Evidence

1. Defendant's legal statement;

1. An application for a new entry into the police protocol E with J;

1. Application of Acts and subordinate statutes to claim expenses and to report on investigation into receipts (to hear statements from a complainant telephone or report);

1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, and Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant had been punished for the same crime in around 2019, committed a second offense, and the Defendant becomes a condition for sentencing, such as the background leading to the instant crime, the age and environment of the Defendant, and the circumstances after the instant crime.

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