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(영문) 대전지방법원 논산지원 2013.09.03 2013고정146
사문서위조등
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

[Criminal Power] On August 30, 2012, the Defendant was sentenced to imprisonment with prison labor and six months for fraud, etc. at the Daejeon District Court on August 26, 2012 and the judgment became final and conclusive on October 26, 2012.

【Criminal Facts】

1. When the Defendant, with the consent of B, opened a mobile phone in the name of B, he used the opportunity to subscribe to the Internet, TV, Internet telephone, etc. in addition to his name;

On January 31, 2012, the Defendant entered “B” in the name column of customer’s basic matters in the form of service application using a computer located therein, “B”, “B” in the book of customer’s basic matters in the form of service application, and “B” in the book of installation, “Secheon-gu E” in the U Internet application fee system, put in the column of smart flus rate system (19 rate system) among U Internet application fee systems, put in the column of standard rate system among U0 fee products, put in the column of standard rate system, put in the column of U0 fee system, put in the column of U0 TV application service among UTV application service, put in the column of HDCO and enter the name of B in the applicant column.

Accordingly, for the purpose of uttering, the Defendant forged a service application in the name of B, a private document related to rights and obligations.

2. At the time and place specified in Paragraph 1, the Defendant: (a) delivered one copy of the forged service application form to the staff in charge of LG Plus Draft points, who is aware of such forgery; and (b) exercised the same as if the application form was duly prepared.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement concerning B;

1. Each description of the head of a complaint and a written confirmation of admission;

1. Statement on the service application (Internet, 070 telephone), and the presence of such statement;

1. Criminal records as stated in the judgment: Application of the Acts and subordinate statutes listed in the inquiry report (inwards No. 110 of investigation records), investigation report (in attachment of judgment, and page 162 of investigation records), such as criminal records;

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting an offense: Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, which select the fines (the point of uttering of falsified investigation documents);

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.

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