beta
Text
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. The Defendant: (a) conspireded to forge private documents and display private documents to read the mobile phone in the name of D without D’s consent; (b) provided D’s resident registration certificates and copies of passbook prior to his possession to C.
C on August 6, 2012, the mobile phone sales store called "F" located in Busan-gu, Busan-gu E, and the above sales store G was run as if D was denied, and the mobile phone opening was demanded in the name of D.
G without knowledge of the aforementioned circumstances, upon C’s request, entered D’s name and resident registration number in the space of customer information for application for membership in Chapter II of the new service contract kept at the above sales store, and entered “Yinsan-gu H. 505” in the address column, and signed D’s name in the customer column, and continued to read “the contract for the installation of a terminal” in Chapter II of the above new service contract and the contract for the installation of a device, and opened a mobile phone in the name of D using the above new service contract and the contract for the installation of a device.
After that, even on August 7, 2012 and August 13, 2012, C called the above sales store and run as if D was denied, C demanded the opening of a mobile phone in the name of D, thereby allowing G not aware of the fact to prepare two separate copies of “service contract” and “the contract for the installation of a mobile device” in the name of D on each of the above dates, and to open the mobile phone in the name of D using each of the above documents.
As a result, the Defendant, in collusion with C, forged Chapter 6 of the “new service contract” and “a contract for the installment of a device” in the name of “B”, which is a private document concerning rights and duties, and committed each act by using each of the above documents in the opening of a mobile phone as if they were duly formed.
2. The accused and C, even though they opened a mobile phone in the name of D, did not have the intention and ability to pay the cost of the mobile phone and the fee for the use thereof properly.