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(영문) 부산지방법원 2016.02.03 2015고정4242
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 19, 201, the Defendant signed “B” and “C” on September 19, 201, stating “B” and “B” in the customer name column on the application form, within the distribution store of LG Plus in Busan-dong, Busan-dong, for the purpose of opening a mobile phone in the name of B.

Accordingly, for the purpose of uttering, the Defendant forged the application form for joining private documents related to rights and obligations.

2. On September 19, 201, the Defendant: (a) sent the forged B application form to a mobile phone distribution cell located in the Busan Jincheon-dong, Busan, to an employee in the name of the mobile phone store that may not have knowledge of the fact; and (b) exercised the said investigation document.

3. On September 19, 201, the Defendant violated the Resident Registration Act: (a) submitted an application for mobile phone membership within a mobile phone distribution store located in the Busan Jincheon-dong, Busan, and (b) unlawfully used another person’s resident registration certificate by presenting B’s resident registration certificate as if he were B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against B;

1. Requests for provision of communications data, response data, and telephone details;

1. Application of Acts and subordinate statutes to a report on investigation (including an application for admission);

1. Relevant legal provisions for facts constituting an offense, Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 37 Subparag. 8 of the Resident Registration Act (the point of unlawful use of resident registration certificate), and the selection of fines, respectively;

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

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

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