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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[Attachment] On February 14, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the said sentence on December 2, 2014.
[2015 Highest 3509] The Defendant received the documents related to the corporation, such as the business registration certificate, from the representative director of the corporation which has difficulties in financial status, and opened the mobile phone as if delegated by the corporation, and subsequently, conspired with C, D, to dispose of the device.
Accordingly, the defendant collected corporate documents such as business registration certificate, corporate certificate of seal impression certificate, financial statements, etc. as if he did to grant a loan to the representative director of a corporation, and C forged a corporation's employment certificate, etc. and delivered it to the defendant and D, and the defendant and D shared the role of acquiring a device by opening a cell phone.
1. The Defendant prepared qualification-based private documents only received the documents related to the legal entity from F (State) representative G through E on the loan, and did not have received delegation from the above G on opening of the mobile phone.
Nevertheless, on April 17, 2015, the Defendant: (a) had an employee H, who is aware of such fact, prepare an application for joining a mobile phone in the name of F (State) by using a computer; (b) stated the “A” in the “subscriber” column; and (c) signed his/her name on the name.
Accordingly, the Defendant, in collusion with C and D, prepared an application form for joining mobile phones, which is a private document related to rights and obligations, with the qualification of a representative of F, in collusion with C and D, from the same time, prepared an application form for joining mobile phones, which is a private document related to rights and obligations, from May 20, 2015.
2. On April 17, 2015, the Defendant forged private documents, which is located in Seocho-gu Seoul Metropolitan Government Seocho-gu.