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(영문) 인천지방법원 2020.09.24 2020고단5973
사문서위조등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2016, the Defendant: (a) forged a private document; (b) discovered a resident registration certificate under B’s name; and (c) used it to open a mobile phone in B’s name.

On January 19, 2016, the Defendant: (a) around January 19, 2016, at a D agency located in Heung-gu, Chungcheongnam-gu; (b) entered “B” in the name of the subscriber column, “E” in the name of the subscriber column, “B” in the date of birth; and (c) signed B at will following the name of the applicant column.

Accordingly, the defendant, for the purpose of uttering, forged one copy of the above subscription application in the name of private document B, which is a private document related to rights and obligations, and exercised it as if it was a document which was duly formed by a real-time agent employee who is not aware of the forgery.

B. On November 6, 2016, around November 6, 2016, the Defendant entered “B” in the name column, “I” in the name column, “B” in the date of birth, and “B” in the customer column of the application for subscription in the form of a new contract, and signed B at will following the name.

Accordingly, for the purpose of uttering, the defendant has forged one of the above new contracts in the name of private document B, which is a private document on rights and obligations, and has exercised it as if it was a document which was duly formed by a real-time agent employee who is unaware of the forgery.

2. On October 20, 2016, the Defendant received the L Credit Card (M) in B’s name by using the cell phone in the name of B, as referred to in paragraph 1(a), at the Defendant’s residence located in Seo-gu Incheon, Seo-gu, Incheon.

On October 20, 2016, the Defendant, at around 20:55, performed the work in the OEart located in Seo-gu Incheon N, Seo-gu, Incheon, as one of his own, and, at around 34,200 won, presented a credit card under the above B to an employee in the name of the victim.

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