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(영문) 서울북부지방법원 2019.09.17 2019고정893
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

On February 21, 2018, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Northern District Court for fraud, etc. and has been sentenced to the same year.

7. 8. The above judgment became final and conclusive on September 14, 2018, and the said judgment became final and conclusive on April 6, 2019, upon being sentenced to imprisonment for one year and two months in the same court due to the crime of forging private documents.

From August 2003, the Defendant had been working as the head office B at the headquarters, and had been able to keep a copy of the identification card received from the former mobile phone C and to forge the mobile phone application using the fact that he knows the mobile phone fare settlement account.

On August 18, 2014, the Defendant: (a) made use of the pen in the form of G Admission, which was kept without authority, in the form of G Admission, located in D, Seoul Special Metropolitan City, for the purpose of exercising the right; (b) made out “C”, “H” in the customer name column, “H”, and “C” in the bank account number column; and (c) signed the application form with “C” in the applicant column; and (d) issued the forged C mobile phone call application form as if the agent’s name was genuine to the employees in default of the agency’s name.

As a result, the Defendant forged a letter of application for joining the name of C mobile phone, which is a private document on the rights and obligations, and exercised it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to J police officers;

1. A complaint;

1. Investigation report (report on the mother of the complainant and hearing statements by the complainant);

1. An application for membership and a certificate of receipt;

1. Previouss before and after judgments: Criminal history records, written judgments, previous rulings, results of confirmation, and the application of Acts and subordinate statutes;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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