2014 Mad 4360 Mad 4360 Mad Mad Mad Mad Mad Mad Mad Ba

Events, electronic records, etc.

○○○ (7 - 1), Parking Board

Seongbuk-gu Seoul Metropolitan Government House Masandong

Han △△△△ (Public Prosecution) and Kim △△△ (Public Trial)

Attorney Lee △-hoon (General)

March 18, 2015

A person shall be punished by imprisonment with prison labor for not less than 6 months for the first and second crimes against which the defendant held, and for not less than 3 and 4 months for each crime.

Facts of crime

On November 27, 2013, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for alteration of official documents at the Seoul Central District Court on June 27, 2013 and became final and conclusive on December 5, 2013.

1. Forgery of private documents;

On September 17, 2013, the Defendant entered the victim’s name, resident number, and other personal information in the new contract form for the pre-paid mobile phone which is necessary to open the victim’s name in order to use the victim’s pre-paid phone in order to open the pre-paid phone in the name of the victim and forged one copy of the pre-paid mobile phone contract in the name of the victim, which is a private document on the rights and obligations.

2. Uttering a falsified investigation document;

The Defendant, at the same time and place as above, submitted one copy of the new contract, which was forged, to an employee who is not aware of the fact of forgery, and exercised it as if it were duly formed.

3. Forgery, electronic records, etc.;

A. On May 27, 2014, in Seongbuk-gu Seoul Metropolitan Government, the Defendant accessed an off-site to change the telecommunications operator of the pre-paid phone as above, and arbitrarily enters the name of the victim and the resident number in the cell phone opening on the Internet as the victim changed his/her name; and

B. On June 15, 2014: around 30, in order to open Wibro 4G EGG equipment in Seongbuk-gu Seoul, the Defendant had access to the off-site and had completed the opening of the victim’s cell phone opening on the Internet mobile phone, and had access to the victim’s opening of the cell phone, then arbitrarily entered the victim’s name and the resident number on the Internet cell phone opening box. The Defendant, around 15:30 on August 29, 2014, entered the victim’s name and resident number at will in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with access to the off-line to open the cell phone and had access to the off-line to open the cell phone.

As a result, the defendant saw three mobile phone openings on the Internet in the name of Kim Jong-young, a prior recording of rights and obligations, for the purpose of hindering the management of affairs.

4. Exercising electronic records, etc.;

The Defendant sent three cell phone openings on the Internet as mentioned above at the same time and place as mentioned in the above 3. The Defendant sent three cell phone openings on the Internet as if he were a genuine file to an employee who could not know the name of the site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement about Kim Jong-chul;

1. Inquiry reports on criminal records, etc. and investigation reports (Attachment reports on criminal records of the same kind of crime record as the suspect);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 231 of the Criminal Act (U.S. Article 231 of the Criminal Act), Articles 234 and 231 of the Criminal Act (a point of uttering of any falsified E.S. Document), Article 232-2 of the Criminal Act (a point of uttering of any falsified E.S. Document), Articles 234 and 232-2 of the Criminal Act (a point of uttering of any falsified E.S. Document), each choice of imprisonment, respectively.

1. Handling concurrent crimes;

The latter part of Articles 37 and 39(1) of the Criminal Act (the crime of forging private documents, the crime of uttering of private documents and the crime of altering private documents which have become final and conclusive)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the crimes of forging private documents under Articles 1 and 2 of the Judgment, the crimes of uttering of the said research document, the crimes between the crimes of uttering of the said research document, and the crimes of uttering of each investigation, electromagnetic record, etc. under Articles 37 (former part),

The reason for sentencing is that the defendant has altered the official document in order to open the cellular phone in the name of the victim Kim Jong-tae.

In light of the fact that the crime of forging private document and the crime of uttering of private document in this case was committed in order to open the prepaid mobile phone in the victim's name even though the investigation was conducted on the crime, and the crime of forging private document in this case was committed in order to open the prepaid mobile phone in the victim's name, the crime of forging private document and the crime of uttering of each investigation electronic document was committed during the period of probation of the previous crime in each judgment, and the victim did not want the punishment against the defendant first in the investigation process more than two times, but the punishment for the crime in this case was committed, it is inevitable to sentence the defendant as to the crime in this case. However, the defendant is divided while leading to the confession of the crime, each crime of forging private document and uttering of private document among the crimes in this case needs to be considered at the same time as the previous crime in this case's judgment has become final and conclusive, after examining all circumstances such as the defendant's age, character and behavior, environment, relationship with the victim, motive, means and result of the crime, and circumstances after the crime

Judges Park Jin-jin