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(영문) 창원지방법원 통영지원 2018.09.17 2018고정329
사전자기록등위작등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 24, 2017, the Defendant: (a) around August 24, 2017, at the 1st floor C mobile phone agent of B B building without obtaining permission from the mother; (b) as if the mother was permitted to open a mobile phone in the name of the B mobile phone; (c) had E, an employee of the said agency, enter the name, resident registration number, cell phone number, address, and settlement information of D in the customer management computer system; (d) made a file of the mobile phone subscription; and (e) arbitrarily stated that it is “D” in the column of the subscriber of the computerized PC’s application file; and (e) signed thereon.

Accordingly, for the purpose of making administrative affairs smooth, the Defendant forged a cell phone file in the name of D, a private electronic records, with respect to rights and duties, and exercised it to E, an agent employee, who is not aware of the fact.

2. On August 26, 2017, around August 26, 2017, the Defendant: (a) took place at a mobile phone agency listed in paragraph (1) around August 26, 2017 as if he/she obtained D’s permission; (b) made the said E enter the name, resident registration number, mobile phone number, address, and settlement information of D in the customer management computer system; and (c) made the file of the application for mobile phone subscription by having the said E enter the name, resident registration number, mobile phone number, address, and settlement information of D; and (d) arbitrarily stated the file of the application for mobile phone subscription as “D” in the subscriber’s column of the black PC PC, and signed it next to that.

Accordingly, for the purpose of making administrative affairs smooth, the Defendant forged a cell phone file in the name of D, a private electronic records, with respect to rights and duties, and exercised it to E, an agent employee, who is not aware of the fact.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes on the copy of each application for membership, a certified copy of resident registration, and details of settlement;

1. Article 232-2 of the Criminal Act (the point of view, such as electronic records, etc. of each company) regarding criminal facts and Article 234 of the Criminal Act.

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