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(영문) 대구지방법원 2014.02.07 2013고단6906
사문서위조등
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

Criminal facts

The Defendant, while operating the “C”, which is a sales store of Handphones located in Daegu-gu, used another person’s personal information secured by D, etc. to block a mobile phone, but, upon receiving an objection against the illegal use of the name or the unauthorized opening of a mobile phone from the mobile phone name that became aware of the aforementioned fact, had the Defendant thought that the above provision would be avoided by using stolen another person’s personal information in advance and changing the nominal owner of the mobile phone.

1. On November 13, 2012, the Defendant forged private document: (a) at the foregoing “C office,” the mobile phone owner of the E mobile phone, received an objection from F with respect to the illegal use of the name and unauthorized opening of the phone; (b) used the G personal information delivered from D to end that end, the Defendant entered the name “G”, “H”, and “G” in the name column in which the name was received; and (c) signed the name next to the name.

As a result, the suspect forged the "SK Mobile Call Name Change Contract" in the name of G, which is a private document on the rights and obligations for the purpose of uttering.

2. The Defendant: (a) submitted to the person in charge of change of the name of the SK Mobile Co., Ltd. as if the “SKT mobile phone name change contract” forged around that time, as stated in paragraph (1), was actually prepared; and (b) exercised the same.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of a mobile telephone name change contract;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;

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