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(영문) 서울동부지방법원 2018.04.19 2017고단3911
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

【Criminal Records】 On August 31, 2017, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Eastern District Court, and the judgment became final and conclusive on November 1, 2017.

[Criminal Facts]

1. The Defendant forged private documents at a mobile phone sales store located in Gwangjin-gu Seoul Special Metropolitan City around September 29, 2015, and the same month.

3. E, along with the application for subscription to the mobile service, received a resident registration certificate from E, and processed the above resident registration certificate as an agent in accordance with the purpose of the application, and continued to keep the above resident registration certificate without returning it to E, without authority, stated the “E” in the customer name column of the “O” site for the “E” and signed “E” on the date of birth, stating the “F” and “E” in the “E” column, and then on the applicant’s name.

Accordingly, the Defendant forged an application form in the name of E, a private document related to rights and obligations for the purpose of uttering.

2. The Defendant, at the time, at the place specified in paragraph 1, sent the electronic file via a computer program as if he/she was actually prepared to file an application for entering a forged E mobile phone in the above name, to an employee under the name of KT who is unaware of the forged fact.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Requests for a copy of the application for this mobile subscription and for provision of communications data;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, text of judgment, and the result of the case search conducted by the Supreme Court B;

1. Relevant Article of the Criminal Act and Articles 231 and 234 of the Criminal Act concerning the choice of punishment;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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

1. Articles 70 and 69(2) of the Criminal Act to attract a workhouse.

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