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(영문) 서울남부지방법원 2016.04.19 2016고정424
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 25, 2012, in Jongno-gu Seoul Metropolitan Government, the Defendant: (a) stated “D”, “E”, “E”, “C”, and “D” to the customer column in the name of the customer information column for the application for subscription of a new service contract kept there; (b) stated “D”, “E”, “D”, and “D” in the name of the customer information column for the application for subscription; (c) stated “D”, “D” in the purchase customer information column for the last time installment purchase contract; and signed D’s signature on the next day; and (d) written “D” in the said column; and (d) written “D” in the customer information column for the application for the issuance of the LET discount certificate.

Accordingly, for the purpose of uttering, the defendant set up three private documents, including a new service contract in the name of D, a short term installment transaction contract, a LTE discount subscription certificate, respectively.

2. On January 25, 2012, the Defendant, at the same place as Paragraph 1, submitted a forged service contract, a short term installment contract, and a certificate of subscription to LTE flus discount to the employees listed in Paragraph 1, each of which was submitted as if they were duly constituted, and exercised the said document.

3. On January 25, 2015, the Defendant was found to have obtained a consent on opening of a mobile phone in his/her name from D, and even though he/she did not have obtained a consent on opening of a mobile phone in his/her name, the Defendant was able to run as if he/she had a legitimate right to open a mobile phone in his/her name and was given property by using one cell phone of the amount equivalent to KRW 899,800 on the same day from C’s employee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a petition;

1. Articles 231, 234, and 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment;

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