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(영문) 서울남부지방법원 2020.06.29 2019고단5702
절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. A thief, around October 2017, the Defendant stolen the victim’s resident registration certificate owned by the victim who was in the Gangwon-do Human Data Group B, and C, who was in the victim’s personal control, with one copy of the victim’s resident registration certificate.

2. Forgery of private documents;

A. On November 11, 2017, the Defendant entered “D”, “G”, and “D” in the subscriber’s information column in the “application form for subscription” and signed the name of D on the right side of the applicant column in order to subscribe to mobile communications service in the name of “F” store located in Yeongdeungpo-gu Seoul Metropolitan Government and “F” store.

B. On November 11, 2017, the Defendant entered “D” in the “Personal Information Utilization Agreement” column in the “Personal Information Use Agreement” column in order to subscribe to mobile communications services in the name of “D” store and “F” store located in Yeongdeungpo-gu Seoul Metropolitan Government, and signed the name of “D” next thereto.

Accordingly, for the purpose of exercising, the Defendant forged the “application form” in the name of D and the “written consent to the use of personal information” respectively.

3. On November 11, 2017, the Defendant presented and exercised the forged “application for subscription” and “personal information utilization consent” at “F” stores located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and “F” stores, as described in paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on internal investigation (F store H telephone communications);

1. Application of Acts and subordinate statutes, such as a copy of application;

1. Relevant Article 329 of the Criminal Act, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.: Fraud on March 24, 2017.

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