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(영문) 부산지방법원 2019.07.17 2019고단829
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

[2019 Highest829]

1. The crime committed on July 9, 2015;

A. At around 12:20 on July 9, 2015, the Defendant, at C office located in the Busan East-gu, Busan-dong (U.S.) (hereinafter “E”), set Dystuna car in the lessee column of the car rental contract, which was kept in the same place with the pentth, without authority, entered “E”, “F apartment, G, and contact column of the North-gu, North-gu, and issued E’s signature next to the name, and then delivered E’s signature to I who is not aware of such circumstances.

As a result, the Defendant forged one copy of the car rental contract in the name of E, which is a private document on rights and duties, and exercised it as if it was genuine.

B. The unlawful uttering of official document presented a driver's license in the name of E issued by the commissioner of the Gyeongnam Police Agency who was in his possession of a person who was requested to present an identification card in the name of E as stated in the date and at the place mentioned in the above paragraph (a).

Accordingly, the defendant did not use official documents.

2. The crime committed on July 18, 2015;

A. On July 18, 2015, the Defendant: (a) opened a mobile phone at the K office located in Busan JJ on July 15, 2015; (b) opened a mobile phone; (c) entered E’s personal information, etc. in connection with E’s computer network; and (d) requested the Defendant’s signature, the Defendant entered the name of E in the relevant tables computer without authority and signed it; and (c) presented it to the said L, who is unaware of such fact.

As a result, for the purpose of hindering administrative affairs, the Defendant forged one file of an application form under E, a prior recording of rights and obligations, and exercised it as if it were actually prepared.

B. The Defendant’s unlawful uttering of official document is a person who is requested to present an identification card from the said L while opening a cell phone in the name of E, such as the date and time stated in the foregoing paragraph (a).

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