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(영문) 부산지방법원 2013.11.27 2013고정4280
사문서위조등
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant worked as the head of the team at D located in Busan City/Gu, Busan, and had previously opened his/her mobile phone through the Defendant, issued a copy of his/her resident registration certificate to open his/her mobile phone in the name of E without permission.

1. On February 7, 2013, the Defendant forged private documents using a pen to enter the mobile phone entry letter into the mobile phone, and entered the name of the victim in the name column, “E”, “F”, “B”, “H”, and “E” in the customer address column, and signed the victim’s name next to the name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of application for subscription in the name of E, a private document concerning a certificate of fact.

2. The Defendant exercised the following: (a) the date and time set forth in paragraph (1) above; and (b) the mobile phone receiver who was aware of the forgery was using the forged application form as if it were the document duly formed.

The Defendant, on April 1, 2013, was not enlisted on the designated date without justifiable grounds, even after receiving a military force mobilization training notice under the name of the Commissioner of the Military Manpower Administration, which would result in military force mobilization training conducted in the Army 53 group communications unit from May 14, 2013 to May 16, 2013 through the mother J, 101 Dong-gu 401 Dong-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written accusation (including documents related to the notice of a call for military force mobilization training);

1. Application of the Acts and subordinate statutes to forged application form;

1. Relevant legal provisions pertaining to criminal facts, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 90 (1) of the Military Service Act, and the choice of fines, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;

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