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(영문) 광주지방법원 2016.04.21 2016고단46
사문서위조등
Text

Defendant shall be subject to a fine of KRW 3,000,000 (three million), and where the above fine is not paid, it shall be 100.

Reasons

Punishment of the crime

1. On November 21, 2014, the Defendant: (a) filed an application for the issuance of a card at “D” store located in Seo-gu, Seo-gu, Gwangju; (b) stated the name “B”, resident registration number “F”, “G”, and “D” in the mobile phone number column; and (c) signed the written consent for the issuance of a card with “B” on the signature column.

Since then, the Defendant received a self-verification call from the Samsung Card company, and carried out as if he were B.

Accordingly, for the purpose of exercising, the Defendant forged an application form for the issuance of Samsung Card in the name of the private document B, which is a private document related to the rights and obligations, and submitted it to the employee in charge of issuing Samsung Card.

2. On November 27, 2014, the Defendant purchased goods equivalent to KRW 33,00 from the Seo-gu, Seo-gu, Gwangju to the first floor through a credit card illegally issued under the name of mother B, and had the victim Samsung Card Co., Ltd pay the amount for the use on behalf of the Defendant. From the business to April 15, 2015, the Defendant acquired pecuniary benefits equivalent to the same amount by purchasing goods or being provided services in the amount of KRW 17,79,967 in total over 342 occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect to the police accused (including the cross-examination);

1. Each statement made by the police with respect to I, J, E, and B;

1. Application of Acts and subordinate statutes to a complaint, a report on compensation for illegal use of Samsung Card, a card sales slip, a card user, and a confirmation of the results of electronic financial transfer (Evidence Nos. 2, 4, 5, 6, 23 of the evidence list);

1. Articles 347(1), 231, and 234 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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