2012 Highest 5133 Ga. Forgery of private documents

(b) Exercising a falsified investigation document;

(c) Violation of Telecommunications Business Act;

1. (a) . (b) . (c) 00 (0000 - 000000) - Operation of mobile communications agencies;

2. (a). (b)(c) Kim * (0000 - 000000) operation of mobile communications agencies;

3. (a) b. 00 (0000 - 000000), free of duty;

Seoul Residence

4. (a) operation of a mobile communications agency (0000 - 000000 - 00000), operation of a mobile communications agency;

Housing marju City

Reference domicile Seoul

5. (a) Operation of a mobile communications agency (0000 - 000000) or an agency for mobile communications;

Seoul Residence

The prosecutor’s difficulty type (prosecutions) and Kim Han-han (Public Trial)

Attorney Lee Jong-ho, Law Firm Jeong-ho, et al., Counsel for the defendant-appellant

Attorney Shin-ho, Kim Jae-young (Defendant *, Lee 00, Kim 00)

November 6, 2012

Defendant half-yearly, Kim* Each year of imprisonment with prison labor, Defendant Lee 00, Kim 00, and Park 00 shall be punished by imprisonment with prison labor for two years.

However, for two years from the date this judgment became final and conclusive, the execution of each of the above punishment against Defendant 00 and Defendant 00 shall be suspended.

To order each probation and community service for 200 hours against Defendant 00 and 000.

Nos. 3 through 22, 54 of the seized evidence from the defendant half-0, Nos. 55, 56, 57 from the defendant Kim*** Ci respectively.

Criminal History Office

1. Defendant half-yearly 00

(a) Forgery of private documents;

The defendant purchased a copy of a passport issued under the name of a foreigner and identified his personal information, and forged an application for joining his mobile phone in his name without authority to arbitrarily open the 'pre-paidphone' in his name. The defendant had been 00,00,000,000.

From February 2, 2012, the Defendant purchased the USB in one copy of the passport from a Chinese person whose name and date of birth, nationality, etc. are stated, and identified the foreigner’s personal information. The Defendant purchased the USB from around 00,000,000,000,000,000,0000,0000,0000,0000,0000,000,000.

On June 4, 2012, the Defendant sent a copy of the above passport to 00 - 00 - 00 - 00 00 - 00 00 - 00 00 - 00 - 00 , to 00 again deliver a copy of the passport to 00 - 00 , and 00 , to 100 , 100 , 200 , using a verification strawing machine, to the customer name column of the application for the subscription to the mobile communication, and 3625942 - the passport number column, and 's signature or signature or signature or signature or signature or signature or signature or signature or signature of 'SMAS 1' in the applicant column for the subscription to the mobile communication.

In collusion with the Defendant, from March 9, 2012 to July 13, 2012, the Defendant forged 3,223 copies of the application for subscription to mobile communications, which is a private document relating to rights and obligations, as shown in attached Table I, as in attached Table I, from March 9, 2012 to July 13, 2012.

(b) Exercising a falsified investigation document;

On June 4, 2012, in collusion with the former 00, A00, A00, the Defendant exercised 3,223 copies of the forged mobile communications subscription application, such as sending to the employees in charge of special communication of SK Telecom located in the Dong-dong, Yeongdeungpo-gu, Seoul, as shown in the attached Table I, as if the application form for the subscription under the above forged name was duly formed at the place described in the same paragraph.

(c) Violation of Telecommunications Business Act;

No person may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide it for a third party's communications.

From February 28, 2012 to July 12, 2012, the Defendant provided telecommunications services provided by an electrical operator for the purpose of communications by others, such as holding a total of 347 units, as shown in the attached crime sight table (crime - half-00), including through the opening of Ansan City, 00 Dong 00 -00 - 00 - 00 - 00 - 010 -********** * provide a total of 347 units of telecommunications as shown in the attached crime sight table (crime - half-0).

2. Defendant Kim*, Defendant 100

(a) Forgery of private documents;

Defendant Kim**, Defendant Kim *, 00, in collusion with Materns, purchased a copy of a passport issued in the name of a foreigner, identified his personal information, and attempted to arbitrarily open the "pre-paid" of his name by forging his application for his cell phone entry without authority.

Defendant**: (a) around December 2, 201, around 00 00 - 00 00 - 000 00 tel 1000 - 000 tel 1000 ; (b) purchased U.S.B at 3,000 per passport copy; (c) the Defendant’s personal information from 00 - 00 - 0 - 0 - 0 - 0 0 - 0 - 0 0 - 0 - 0 0 - 0 0 - 0 0 - 0 0 - 0 0 - 0 - 0 0 - 0 0 - 0 - 0 0 - 0 0 - 00 - 0 0 - 00 - 0 00 - 00 - 00 - 00 - 00 - 00 - 00. - 0.

(b) Exercising a falsified investigation document;

On December 22, 2011, the Defendants conspired and sent to the employees in charge of the opening of 000 SK Telecom, who are the general telecommunications service provider located in Young-gu Seoul Metropolitan City, by facsimile, as if the application for subscription to the above 'XU MIN', forged at the place described in the above 'A' was duly formed, the Defendants exercised 3,310 copies of the forged application for subscription to the mobile communications in collusion with 00 from May 201 to July 9, 2012, the Defendants exercised 3,310 copies of the forged application for subscription to the mobile communications in the same way as shown in the attached Table II of Crimes.

(c) Violation of Telecommunications Business Act;

No person may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide it for a third party's communications.

From January 11, 2012 to June 29, 2012, the Defendants conspired and provided telecommunications services provided by telecommunications business operators for the purpose of communications by others, such as holding a total of 36 units as shown in the annexed crime sight table (crime Kim*****), such as holding a total of 36 units of telecommunications at the above 00 Information and Communications Office 010-*************).

3. Defendant Kim 00

(a) Forgery of private documents;

The defendant sent a written application for subscription to mobile communications and a copy of the passport to the side of the business agency, the opening agency, by facsimile, from the sales store of the prepaid phone, and then keeps them.

3. On July 23, 20, 000 000 000 000 00000 00000 'the defendant's house without authority, used a verification color pen device prepared in advance on the basis of the foreigner's passport copy that was kept for the purpose of exercising the right and duty at the defendant's house, and entered 'TOGCH' at his own discretion on the customer' column, 'E0324933' on the passport number column, 'E00 000 - 000 - 000 - 'the applicant' column, 'the above 'OGCH' in the name of the defendant's house, 'TOGCH', 'the above 'TOGCH' in the name of the defendant's house, and entered 'TOGCH' in 'the above 36th 27th 2012' column, such as forgery of the right and duty of subscription from that date.

(b) Exercising a falsified investigation document;

On March 23, 2012, the Defendant exercised 316 copies of the forged application for subscription to the mobile communications in the name of TPPGCHO on March 23, 2012, from that time on April 27, 2012, the Defendant sent 316 copies of the forged application for subscription to the mobile communications, as shown in the attached Table III, to an employee in charge of the general telecommunications company 000 of the general telecommunications company located in the territory of Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, as if the application was duly concluded.

4. Defendant 00

(a) Forgery of private documents;

On January 16, 2012, the Defendant purchased a copy of a passport issued in the name of a foreigner, including China, and made it possible for the Defendant to open and sell a pre-paid phone, which is a mobile phone in the name of a foreigner. On January 16, 2012, the Defendant made an application form for forgery of the above PAMATN JOSR, 'BER', 'W number', 'W number' column from 20375107, 'WR', 'MM', 'MM', 'MMM 20, 'MMM 20, 'MMM 20, 'MMM 20, 200, 'MMM 20, 'MM 20, 300, 'MM 20, 200, 'MMM 20, 200.

(b) Exercising a falsified investigation document;

On January 16, 2012, the Defendant exercised 242 copies of the forged application form for subscription to the mobile communication in the name of PAMATSN JOSR, which was forged at the place described in the foregoing paragraph “A”, from the time when the application form for subscription to the mobile communication was duly formed, the Defendant, who is aware of the fact, sent by facsimile to the employee in charge of the opening of the information and communication at 00,000,000,0000,000, as shown in attached Table IV, until July 30, 2012.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning examination of suspect concerning the preceding 00,000 or 60;

1. A protocol concerning the examination of suspect of the police concerning 00, 00, and 00;

1. Statement of the police statement concerning the preceding 00;

1. Records and lists of police seizure;

1. Each investigation report (in relation to requests for inquiry into entry or departure, attaching details of bankbooks 00 and sales by telephonephones, attaching details of telephone numbers requested by suspects Kim 00, attaching documents, including copies of application for entry, and preparing a crime log 100);

1. Attachment of the details of reply to a request for provision of communications data, the entry and departure details of the nominal owners of suspect anti-0 crime inundations and copies of relevant foreign passports, suspects Kim*** application for prepaid mobile phone subscription by date stored in the outer page seized in relation to the list of crimes, and the application of the Acts and subordinate statutes governing outputs of foreign passports;

1. Article applicable to criminal facts;

Defendant Anti-00, Kim*, Lee *. Lee 00: Articles 231 and 234 of the Criminal Act (the fabrication and uttering of each private document), Articles 97 subparag. 7 and 30 of the Telecommunications Business Act, Article 30 of the Criminal Act (Defendant Kim*, Lee *, Lee 00) (the provision of telecommunications services for another person’s communications), each choice of imprisonment

Defendant Kim 00, O00: Articles 231 and 234 of the Criminal Act (Forgery of each private document and the occupation of each of the events), and choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution (Defendant, 00,000);

Article 62(1) of the Criminal Act

1. Probation and community service order (defendants, 00, 00);

Article 62-2 of the Criminal Act

1. Confiscation (Defendant half-0, Kim *)

The sentencing criteria are applied to the crime of forging private documents and uttering of falsified documents among the above crimes of Article 48(1) of the Criminal Code. Among them, the sentencing criteria are applied to the crime of forging private documents and uttering of falsified documents (a large quantity of document is repeatedly forged, a year to three years). Thus, the sentencing for more than one year is determined in consideration of the lower limit.

In light of the risk of the Defendants’ outlined prepaidphones to be used in the crime, it is not good that the Defendants committed the crime. In light of all the circumstances such as the amount of the prepaidphone, the profits acquired by the Defendants, and the criminal records of the Defendants, the sentencing like the order should be determined.

Judges Shin Jae-il