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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On February 17, 2012, the Defendant: (a) at D mobile phone agencies located in Yong-gun, Yong-gun; (b) expressed E’s resident registration certificate to the employees F of the said agency, and presented E’s resident registration certificate to the employees f of the said agency; (c) performed as if he/she had legitimate authority upon delegation of E to open his/her mobile phone under the name; (d) using the click-type stamp in the form of the application for mobile phone subscription, stating “E, resident registration number column,” “E,” “E,” “I in the address column,” and “E” in the applicant column with the signature of “E”; and (e) prepare one copy of the application for mobile phone entry in the name following the name; and (e) submitted the resident registration certificate to F as if he/she was aware of the fact.
As above, the Defendant: (a) by deceiving F and allowing F to open one mobile phone in the name of E; (b) obtained one mobile phone from the victim KT to obtain the victim’s 4 mobile phone; and (c) forged an application form for joining the mobile phone in the name of E, a private document related to rights and duties without authority for the purpose of uttering, and exercised it.
Summary of Evidence
1. Each police interrogation protocol against the accused;
1. Each police statement of E and F;
1. Application of Acts and subordinate statutes to evidentiary documents (application for subscription, details of subscription, and written confirmation of charge collection);
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, Article 347 (1) of the Criminal Act (the point of fraud and the selection of fines);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;