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(영문) 부산지방법원 2014.08.22 2013고정6595
사문서위조등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On May 28, 201, the Defendant forged the LG U Internet service application form that was brought by a business employee under his/her name for the purpose of receiving Internet service without the victim C’s permission from the ward located in the Dong-gu B apartment 102 Dong-dong 1204, Busan City on May 28, 201, stating that “C” is “C” in the column for confirmation of the applicant, and that the application form for the service is forged without authority.

2. The Defendant used the forged private document by presenting the forged LG U U U U U U Internet service application form to a business employee who is unaware of the forged fact at the time, time, and place as referred to in paragraph (1).

3. The Defendant, using the forged private document at the time and place as referred to in paragraph (1) and in a manner of deceiving a business partner under his/her name by deceiving him/her as if he/she were the victim C, and bearing an amount equivalent to KRW 854,134 on the part of the victim using Internet services, thereby acquiring pecuniary profits equivalent to that amount

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An application for service, a written confirmation of termination, and a claim by account;

1. Application of Acts and subordinate statutes on a petition;

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 selection of fines for the crime;

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) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the depth of the Defendant’s confession of the offense, and the payment of the above Internet charges after the indictment is made, the circumstances and details of the instant offense may be taken into account, and the conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, shall be determined as per the order, in consideration of all the circumstances

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