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(영문) 광주지방법원 2013.11.07 2013고단2933
사전자기록등위작등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 23, 2012, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for special larceny at the Gwangju District Court, which became final and conclusive on December 1, 2012.

The Defendant is a person who was working as a business employee from December 2, 2011 to June 201 as a mobile phone sales business entity in Gwangju North-gu.

1. On April 10, 2012, the Defendant violated the Resident Registration Act and the former electromagnetic records, etc.: (a) carried out a computer network program using a computer located in the D market distance in Gwangju Northern-gu, Gwangju, by using the computer located therein; (b) opened a change of name; and (c) entered the facts charged in the G in the name of F without obtaining permission from E, into “L”; (c) but (d) entered the name of the mobile phone owner deemed to be a clerical error into “E” and “E” and the address “Y in the Mine-gu, Mine-gu, Gwangju.”

As a result, the Defendant forged one file of an application for change of the name of mobile phone in the name of another person E, which is an electronic record of rights and duties, and fraudulently used E resident registration numbers.

2. The Defendant, at the time, and at the place specified in paragraph (1), forged the file of a request for change of name, and divided the confirmation server, and transmitted the file to the staff in charge of LG Plus through the Internet as if it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, J and K;

1. Details of claims by account;

1. Records before judgment: The application of inquiry reports on criminal records, etc., amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, the choice of punishment under Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Article 37 subparag. 10 of the Resident Registration Act ( point of unlawful use of resident registration numbers), and the selection of fines;

1. The latter part of Article 37 of the Criminal Act and Article 39(1)1.

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