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(영문) 서울중앙지방법원 2019.05.09 2018고단6180
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 2017 to November 28, 2011 of the same year, the Defendant served as a sales member of D’s mobile phone agent “D” operated by Seongdong-gu Seoul, Seongdong-gu, Seoul.

1. On November 18, 2017, while the Defendant forged private document documents and the uttering of the above investigation document kept a resident registration certificate issued by E with doping to grant unpaid money in the above “D,” the Defendant used a doping to be exercised by G’s mobile phone agent located in Yongsan-gu Seoul, Yongsan-gu, Seoul to enter “E” in the name column of H corporation’s new service contract, stating “I” in the “E”, “I” in the date of birth, and “Sdong-gu J” in the address column, and then used a copy of the application form for mobile phone entry under the name of E, a private document concerning rights and obligations, signed by E, and sent it to the employees under the name of H corporation affiliated with H who knew of such forgery.

In addition, from July 15, 2017 to November 24, 2017, the Defendant forged a total of 40 copies of an application for joining a mobile phone, which is a private document on another person’s rights and obligations, for the purpose of exercising over a total of 40 times, as shown in attached Table 1, and used a forged private document.

2. The Defendant in violation of the Resident Registration Act cans his resident registration certificate E at the date, time, and place of Paragraph 1 (1) and sent it to an employee under his name in H Co., Ltd. using the Internet.

In addition, from July 15, 2017 to November 24 of the same year, the Defendant unlawfully used another person’s resident registration certificate 40 times in total, as shown in attached Table 1, from around July 15, 2017.

3. The Defendant, by means of transmitting forged documents as referred to in paragraph (1)(1) at the date and time, at the place, and paragraph (1)(a) and paragraph (2) of this Article, deceiving an employee from H Co., Ltd. to receive a mobile phone equivalent to KRW 1,01,380 at the market price, and is equivalent to KRW 359,300 at the above mobile phone.

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