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(영문) 서울동부지방법원 2017.11.14 2017고정1277
사문서위조등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. On August 10, 2015, the Defendant forged private document: (a) made use of a blive tool on the application form for Handphones in the Handphone branch; (b) made use of the blive tool on the customer column; (c) “B” in the customer column; (d) “B” in the application form column; (d) “D” in the mobile confirmation call column; and (d) “B” in the mobile confirmation call column; and (d) arbitrarily made the private person in the signature column.

Accordingly, for the purpose of exercising, the Defendant forged a written application for taking-over of a handphone in the name of private document B, which is a private document on rights and duties.

In addition, as in the above method, the total of 7 private documents for 3 victims were forged, such as the list of crimes in the attached document (fixture of private document).

B. The Defendant, at the same time and at the same place as above (A), issued an application for joining a forged handphone to LG, KT, and SK radio operator, who is aware of the forgery, and exercised it as if it were a document duly formed.

(c)

The Defendant, by means of the above paragraph (a) above, opened a total of 10 handphones in the name of four victims, such as the victim B’s handphone arbitrarily via the victim’s name, as shown in the List of Crimes (Fraud).

Even if the defendant opens a Handphone in the name of the victims, he did not have any intention or ability to pay the Handphone fee instead of the Handphone fee or terminate the Handphone.

As stated in the list of crimes in the annexed sheet of crimes, the Defendant had the victims impose a total of KRW 7,540,330,000, such as the Handphones and the fee for using a short term, and acquired financial benefits equivalent to the above amount.

Summary of Evidence

1. Part B, E, and F of each police suspect interrogation protocol against the defendant

1. Each police statement protocol against B, F, G, and E;

1. Application for taking part in each Handphone;

1. Application of Acts and subordinate statutes to receipts for communications expenses, demands for payment of overdue charges, and requests for payment of overdue charges to hand-on;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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