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(영문) 인천지방법원 2014.12.11 2014고정3125
점유이탈물횡령등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 31, 2013, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for night intrusion and larceny at the Incheon District Court, and the judgment became final and conclusive on June 8, 2013.

1. Around May 2011, the Defendant: (a) found the victim B, who was seated in the front line of subway No. 7 lines, and embezzled it for the purpose of using it without returning it to the owner; (b) reported it to the police station; and (c) embezzled it.

2. On May 31, 201, the Defendant: (a) had the victim B’s resident registration certificate acquired using a mobile phone via the call; (b) had the victim B’s personal document forged the victim B’s application form, which is a private document related to rights and obligations, for the purpose of uttering within the scope of 831, Bupyeong-gu, Nowon-gu, Seoul; (c) had the victim’s personal document forged the application form in the victim’s name; (d) in the column of customer registration number B and the resident registration number change column; and (d) written in B and in the column of customer registration number; and (d) signed in the next column, signed in the customer registration number column; and (e) forged a clerical error in the statement of the victim’s application form, “A copy of the application form for mobile phone joining (F)” in the second page of the written application form for mobile phone joining the victim’s name.

3. On July 2, 2011, in violation of the Resident Registration Act, the victim’s resident registration number obtained on the ground of the same opportunity as the above paragraph (1) was used to enter the cell phone with his/her resident registration certificate located on the wall of the victim, and ordered the cell phone with his/her resident registration number (D) and subscribed to a radio operator, thereby illegally using another person’s resident registration number.

4. The Defendant at the time and place as set forth in the foregoing paragraph (2) exercised an application for false mobile phone admission via facsimile.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Previouss before judgment: Criminal history records;

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