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(영문) 인천지방법원 2016.05.13 2016고정677
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Forging a private document;

A. On November 25, 2013, the Defendant, without authority, signed the application form for the new application form for the SK Telecom with the aim of exercising the right at the C business located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, stating D’s name in the applicant’s column by using a tamplle with the mix.

Accordingly, the Defendant forged a new application form for SK Telecom, which is a private document in the name of D on fact certification.

B. On March 2015, the Defendant, without authority, signed a new application form for SK Telecom with the aim of exercising the right at a F establishment located in the Nam-gu Incheon Metropolitan City E, stating that it is D in the applicant customer column by using a tamplle on the application form for the SK Telecom kept therein.

Accordingly, the Defendant forged a new application form for SK Telecom, which is a private document in the name of D on fact certification.

2. Exercising the relevant investigation document;

A. On November 25, 2013, around 2013, the Defendant: (a) around 1-A; (b) around November 25, 2013, the Defendant issued a new application under Paragraph (a) No. 1-A to an employee who is not aware of the forgery; and (c) exercised it as if the new application under Paragraph (1)

B. On March 2015, the Defendant issued the new application form set forth in paragraph 1-2(b) to an employee who is not aware of the forgery in F as stated in paragraph 1-2(b) and exercised it as if the new application form set forth in paragraph 1-2 was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Criminal Act and Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document) and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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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