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(영문) 부산지방법원 2015.11.26 2015고단6653
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 17, 2013, the Defendant had been receiving and keeping a copy of a foreigner registration certificate for the opening of a mobile phone from BJ (Korean: “BJ” and “BK” in the name of the Republic of Korea) on or around April 17, 2013 in the name of BJ. In addition, the Defendant was willing to open a mobile phone in the name of BJ.

Accordingly, the Defendant entered “BJ” and “BL” in the name column of the new service contract form, and forged one copy of the new service contract form, which is a private document concerning rights and obligations, by arbitrarily signing and signing the applicant column by arbitrarily entering the applicant column in the applicant column. As such, the Defendant sent the forged contract form to the employee in charge of SK Telecom as if it was genuine.

In addition, on April 19, 2013, the Defendant forged one copy of a new service contract under the name of BJ and transmitted the forged contract to the KT staff as if it was duly formed.

Ultimately, for the purpose of exercising the right, the Defendant forged two copies of the private document under the name of the victim BJ and exercised them respectively.

2. On April 17, 2013, at the place indicated in Paragraph (1) of Paragraph (1) of the same month as of April 19, 2013, the Defendant: (a) by deceiving the victim SK Telecom and KT stock company as if the above forged contract was duly completed by the nominal owner; and (b) by allowing the victims to open a total of two cell phoness; and (c) by failing to pay the victims a total of KRW 2,247,400, the amount of the mobile phone installment and the amount of the usage fee; and (d) thereby obtaining pecuniary benefits equivalent

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning the BK;

1. A new service contract, unpaid charges, etc.;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Articles 347(1), 231, and 234 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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

1. Suspension of execution;

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