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(영문) 인천지방법원 2019.08.30 2019고정1399
점유이탈물횡령등
Text

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

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

Reasons

Punishment of the crime

1. On February 20, 2019, the Defendant: (a) obtained one driver’s license of a motor vehicle owned by the victim B; (b) but he/she did not follow necessary procedures, such as returning it to the victim; and (c) embezzled as he/she thought he/she had.

2. No person who violates the Resident Registration Act shall unlawfully use another person's resident registration number.

Nevertheless, around 14:00 on March 23, 2019, the Defendant illegally used B’s resident registration number by presenting a driver’s license, which is indicated in B’s resident registration number (E) obtained as shown in paragraph (1), while opening a cell phone in the name of Nam-gu Incheon Metropolitan City C and 1st floor.

3. The Defendant forged a private document and the uttering of a falsified private document at the date, time, and place mentioned in paragraph (2) above. The Defendant had the intention to open a mobile phone under B’s name with the sign of the driver’s license as described in paragraph (1) above. The Defendant stated “E”, “F apartment G,” “H” in the subscriber’s address column, and “B” in the applicant column in the name of the subscriber to the mobile phone located therein, and then forged one application form under B’s name with signature on the next page, and then delivered I, who was aware of the forgery, as if the said application form was a document duly formed.

Accordingly, for the purpose of uttering, the Defendant forged a letter of application for membership in the name of private document B, which is a private document related to rights and obligations, and exercised it.

4. The Defendant, at the time and place indicated in the above Paragraph 2, committed the act as if the Defendant was B, as described in the above Paragraph 2 through 3, prepared an application for joining the cell phone in B’s name and submitted it to the victim I.

However, it is true.

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