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(영문) 대구지방법원 의성지원 2013.10.31 2013고정61
자격모용사문서작성등
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 25, 2011, the Defendant was sentenced to one year of imprisonment with prison labor at the Busan District Court for fraud, etc. on May 2, 2011, and the judgment was finalized on May 2, 2011, and C, the wife of the Defendant, is a child of D or a person who lost parental authority.

The defendant, as he is the legal representative of D, was able to open and use a mobile phone in the name of D.

1. On September 2, 2010, the Defendant drafted a qualification-based private document: (a) opened a mobile phone at the F agency located in Busan Seo-gu, Busan; (b) entered “D”, “G”, etc. in the name column of customer information on the application for subscription to a new contract for youth mobile phones; (c) entered “A” and “H” in the name column of legal representative; and (d) signed the name following the Defendant’s name.

Accordingly, for the purpose of exercising rights, the defendant prepared a new contract for youth mobile phones, which is a private document on rights and obligations, using the qualification of others.

2. The Defendant, at the above time and at the above place, delivered one copy of the new contract for youth mobile phones, which was prepared with the qualification of the legal representative, as if it were actually prepared, to an employee in the name of the above agency, who was unaware of such qualification qualification.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Complaint;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant Articles 232 and 232 of the Criminal Act (the point of preparing qualification documents and the choice of fines) and Articles 234 and 232 of the Criminal Act (the point of exercising qualification documents and the choice of fines);

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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