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(영문) 수원지방법원 2014.05.15 2014고정510
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant is a person who engages in transportation business.

1. Around February 24, 2012, the Defendant: (a) shown C’s resident registration certificate to LGU staff (name omitted) who visited the above location at the Defendant’s house located in Suwon-si, Suwon-si; and (b) had the said staff prepare one copy of the application form for subscription with a cell phone (IM-A820L) in the name of C.

As a result, the Defendant forged one copy of the mobile phone subscription application in the name of C for the purpose of exercising the right, and forged the private document four times in total as shown in attached Table 1.

2. The Defendant prepared a forged application for admission as described in paragraph 1, and exercised the above application, such as delivering the application form as if it were a genuine document, to the employees of the above communications company (LGU, KT, and SK) who knew of the forgery on the same page, and delivering a total of four cell phoness.

3. The Defendant, as described in paragraph 1, submitted the forged application form to the above Telecommunication Operator (LGU, KT, and SKT) staff, respectively, and exercised as if he would make monthly payments to the Telecommunication Operator.

However, even if the defendant received a mobile phone from the radio operator, he did not have any intention or ability to pay the mobile phone use price to the radio operator.

The defendant obtained four mobile phone numbers from the victims and used them, and did not pay the user fees, such as the attached list 2,876,370 won, thereby obtaining property benefits equivalent to 2,876,370 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as data submitted by complainant;

1. Relevant Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Article 347 (1) of the Criminal Act; and the choice of fines for negligence;

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

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;

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