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(영문) 부산지방법원 2014.10.22 2014고정3706
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

On June 27, 2013, the Defendant was sentenced to imprisonment with labor for a crime such as fraud at the Busan District Court on September 24, 2013, and the judgment became final and conclusive on September 24, 2013.

1. Around July 23, 2012, the Defendant forged a written application for mobile phone membership, stating “D” in the customer name D, resident registration number E, AF, account number G, applicant D, and seal column, and forged a written application for mobile phone membership, which is a document related to D’s rights and obligations.

2. The Defendant exercised the aforementioned investigation document by transmitting an application for joining the aforementioned forged mobile phone to KT at the same time and at the same place as that set forth in the preceding paragraph.

3. The Defendant, at the same time and place as in the preceding paragraph, and even if he opened a mobile phone in the name of D, did not have an intent or ability to pay the mobile phone cost and fees, he/she submitted a forged application for the mobile phone entry as in the preceding paragraph to KTT employee. As such, as if D intended to enter the mobile phone, he/she got approximately KRW 2,40,000,000,000 in total of the installment payments to be installed and the mobile phone fees to be used by opening the mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A new application;

1. Previous records of judgment: Application of criminal records, inquiry records of the Supreme Court, search of cases by the Busan District Court, application of Acts and subordinate statutes of a copy of judgment of the case;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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