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(영문) 광주지방법원 2017.09.07 2017고단1235
사문서위조등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 2013, the Defendant: (a) filed an application for the issuance of a card with the phone call as if he/she was the Defendant’s living partner C; and (b) on October 1, 2013, at the E hotel located in Gwangju Mine-gu D, the Defendant entered “G” in the resident number column, “G” in the resident registration number column; and (c) on October 23, 1999 at the date of issuance of resident registration certificates, entered “the number of the Issuing Authorities column” in the column of the applicant’s name and signed “C” in the column of the applicant’s name.

Accordingly, the Defendant forged the application form for membership of one card member and the receipt of the card in the name of C, which is a private document to prove rights and obligations and facts.

2. On October 1, 2013, the Defendant issued an application for membership of one card holder in the name of counterfeit C and a receipt certificate of one card to F, who is aware of the forgery, at the place of the foregoing paragraph 1., at the time of the foregoing paragraph 1.

Accordingly, the defendant exercised one card member's application form and one card receipt receipt form in the name of the third party, which is a forged private document.

3. On December 2, 2013, the Defendant was transferred KRW 31,923,972 in total on seven occasions in the same manner as in attached Table 1, from the time on December 15, 2015, from the time when he/she received a transfer of KRW 5 million from the victim to the account linked to the said one card by means of inputting the victim’s number back location, etc. into ARS (Automatic guidance system), which is the information processing unit, after having called the customer center of one card company and obtaining identification.

Accordingly, the defendant, without authority, entered information into a computer or any other information processing device and made data processed, thereby taking property benefits.

4. The Defendant was guilty on January 7, 2014.

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