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(영문) 광주지방법원 2018.05.03 2018고정169
사문서위조등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal records] On August 23, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Gwangju District Court and two years of suspended execution, and the above judgment became final and conclusive on August 31, 2017.

[Criminal facts]

1. On December 14, 2016, the Defendant: (a) entered the name of the agency located in Gwangju Northern-gu, Gwangju, in order to open a Y6 mobile phone in the name of its own (D) in the name of its own, the Defendant entered the name of "D", "E.", and "D" in the name of the subscriber to the application for subscription, and "D" in the name of the buyer (sume) and the applicant column; and (b) signed the agreement to use personal information after entering the name of "D" in the applicant column.

In the end, for the purpose of uttering, the Defendant applied for membership in the name of D, which is a private document on rights and obligations, and provided one copy of the consent to use personal information.

2. The Defendant, at the time and place specified in the preceding paragraph, submitted to G, a mobile phone sales store employee, an application for subscription under the aforementioned forged D name and a written consent for the use of personal information, as if the written consent was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each investigation report [Attachment of photographs of details of reports on illegal use of DNA name received on the part of the LG Plus (including two photographs, such as details of reports on illegal use of DNA name attached thereto)], and telephone investigation];

1. A copy of an application for subscription (D name), and written consent for utilization of personal information (D name);

1. Previous convictions in the judgment: Application of a reply to inquiry, such as criminal history, report on investigation [including the report attached to the suspect's judgment (including the sentence attached to the Gwangju District Court Decision 2959, High Court Decision 295], and statutes;

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

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

1. Selection of each alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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