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(영문) 광주지방법원 2016.11.10 2016고정1443
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

1. On June 28, 2010, the Defendant forged a private document: (a) indicated “E”, “E”, “F”, “G”, “Seoul HA 302 in the invoice address column, “I”, “F”, “I” in the account number column, “F”, “E”, “E” in the account number column in the resident registration number column of the applicant column; (b) signed and sealed “E”, “E”, “E”, “E”, “E” in the applicant’s resident registration number column, and “E” in the customer registration number column; and (c) signed and sealed “E” on the name side of the applicant.

Accordingly, for the purpose of exercising authority, the Defendant forged one copy of a new service contract under the name of E, a private document on rights and obligations.

2. The Defendant, at the same time and place as set forth in paragraph (1), delivered the forged new service contract as if it were duly formed, to an employee under the above D’s name, who was aware of the forgery.

3. The defrauded presented the above forged service new contract to the above telecom employee, who is the victim, without the intent or ability to pay mobile phone charges at the same time and place as set forth in paragraph (1) of this Article, and committed as if the Defendant was E, and the Defendant received one cell phone in the name of E from the employee, and thereby, acquired the pecuniary benefits equivalent to the price by failing to pay the mobile phone charges, etc. equivalent to KRW 1,469,327.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A detailed receipt;

1. Application of Acts and subordinate statutes of a new service contract;

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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