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(영문) 의정부지방법원 고양지원 2018.09.07 2017고정1271
사문서위조등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 30, 2016, the Defendant: (a) was a sales agent of C Handphones located in B at Paju-si, Pariju-si; (b) stated “D” and “E” in the column for the name of the subscriber to the new contract site for services kept there; (c) stated “D” and “E” in the resident registration number column; and (d) signed “D” on the bottom client and customer registration number column; and (d) signed thereon.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a new service contract in the name of D, a private document on rights and obligations.

2. The Defendant, at the time and place specified in paragraph (1), issued a mobile phone subscription application form to an agency that does not know of the forgery, and exercised it as if it was a document duly formed. The Defendant, at the time and place specified in paragraph (1), included a forged D service contract in the same name as described in the same paragraph, entered it into a computer system, and opened a handphone, etc.

3. The Defendant, at the time and place specified in paragraph (1), sent the above documents to the victim SK Telecom Co., Ltd. by entering a forged service contract, etc. in the aforementioned business point computer system, as described in the said paragraph, and deceiving the victim company as if D applied for entry into a normally mobile phone. The Defendant was issued one of the victim company’s mobile phones of KRW 1,130,80 at the market price, which is equivalent to KRW 1,80,000 from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 347(1) of the Criminal Act, and the choice of fines, respectively;

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;

1. The defendant's reasons for sentencing under the main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit.

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