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(영문) 서울서부지방법원 2019.03.05 2019고단293
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On May 25, 2017, the Defendant was sentenced to one year of imprisonment and two months of imprisonment at the Seoul Central District Court for fraud, etc., and completed the execution of the sentence on March 5, 2018.

1. On May 14, 2018, the Defendant forged private document documents with intent to open a mobile phone using a foreigner registration certificate obtained by the subway lost property center. On May 14, 2018, the Defendant forged an application form for the AW company’s accession in the AV store located in the AU of Sejong-si using a syllogic book in the subscriber name column, “AX”, “existing” in the subscriber name column, “AY” in the date of birth name column, “existing” in the bank/Account number column, “AZ” and “existing” in the entry number column, and forged an application form for the delegation of rights and duties, etc. for the purpose of using personal information, such as forging, service application form, standard manual for radio service contract, etc., signed by AX on the name of the Defendant, and forged the application form for the delegation of rights and duties, etc. from around the time to June 25, 2018 to June 25, 2018.

2. On May 14, 2018, the Defendant: (a) submitted an application for subscription, etc. to AV store located in the AVU in Sejong-si; (b) used the forged AX name to an employee who was unaware of the forged fact; and (c) exercised the forged private document three times in total from around that time to June 25, 2018, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. AX's statement;

1. Proxy letter or application for subscription;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant legal provisions for facts constituting an offense: Article 231 of the Criminal Act and Articles 234 and 231 of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Imprisonment with prison labor;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act;

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