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(영문) 춘천지방법원 영월지원 2017.10.31 2017고정46
사문서위조등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 6, 2014, the Defendant forged a private document: (a) signed an application for a mobile phone entry in the name of SK Telecom D agency with which C works as an employee of SK Telecom D; and (b) signed an agreement to make a device and a new service contract column in the E’s column without the consent of E.

Accordingly, for the purpose of exercising authority, the Defendant forged each contract for installment trading in the name of E, a private document on rights and obligations, and a new contract for service without authority.

2. The Defendant, at the time and place specified in paragraph (1) above, submitted a forged contract to the said C as if it were a contract duly formed.

3. The Defendant entered into an agreement to purchase the victim C and Samsung Tallon 4 mobile phones at a 30-month rate at the time and place indicated in the above paragraph (1).

However, in fact, the Defendant did not intend to pay a short-term installment because he used the name of E to make a mobile phone purchase.

In the end, the Defendant deceiving the victim as such, and acquired it by obtaining the delivery of Samsung Galle 4 mobile phones from the victim, namely, from the victim, which is equivalent to the market price of 957,00 won.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A report on investigation (the monetary content of the victim);

1. Each investigation report (related to the amount in arrears with mobile phones);

1. Application of Acts and subordinate statutes to report internal investigation (report on the result of execution of a search and seizure warrant);

1. Article 231 of the Criminal Act (the point of Article 231 of the same Act), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document) of the same Act concerning the facts of crime, and Article 347 (1) of the Criminal Act (the point of fraud);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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