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(영문) 서울남부지방법원 2019.07.09 2019고단1863
사문서위조등
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 became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Resident Registration Act at around 19:50 on November 7, 2018, presented as if he/she was his/her resident registration certificate of E issued by the Masan-do mayor as his/her resident registration certificate, when he/she applied for the establishment of a mobile phone to D, who is an employee of Gangseo-gu Seoul Metropolitan Government.

Accordingly, the defendant used another person's resident registration certificate unlawfully.

2. When the Defendant filed an application for the establishment of a mobile phone with the above D at the above date, time, and place, the Defendant entered “E”, “F”, and “G” in the subscriber name column in the subscriber’s information item column without authority for the purpose of exercising an official pen on the written application for the establishment of a mobile phone, and forged one copy of the application for the establishment of a mobile phone in the E’s name, which is a private document related to rights and obligations, with the signature of “E” in the applicant/subscriber column.

3. The Defendant at the above date, time, and at the above place, presented an application for joining a forged E mobile phone with the said D, as if they were genuinely formed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. An application for membership;

1. Application of photographs, such as resident registration certificates;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, Article 37 subparagraph 8 of the Resident Registration Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (which reflects the fact that there is no record of punishment in the Republic of Korea);

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