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(영문) 울산지방법원 2017.03.21 2016고정1335
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On October 27, 2014, around 19:16, the Defendant forged private documents: (a) indicated “D”, “E”, “E”, and “D” as “D” in the name column of customer registration number; and (b) signed “D” to the customer column of the said contract, respectively, on October 27, 2014, on the part of the C mobile phone agency located at P mobile phone agency located at Yangsan-si, Busan-si; and (c) indicated “D” as “D” in the name column of customer registration number;

Accordingly, for the purpose of uttering, the Defendant committed a new service contract in the name of D, a private document related to rights and obligations, respectively.

2. The Defendant exercised the said investigation document as if it were a document duly formed with the second chapter of the forged new service contract to G, the owner of the said agency, who was aware of the forgery at the time, at the time, and at the place specified in the preceding paragraph.

3. The Defendant presented two copies of a forged new service contract at the time, place, as described in paragraph 1, and led the Defendant to commit himself/herself as if he/she were D, and deceiving the said G.

The Defendant received two mobile phones in the amount of KRW 880,00 from G, which is equivalent to the market value of KRW 1,716,00,000, in total, KRW 46,630 of the above mobile phone use fees, respectively, and acquired financial benefits equivalent to the above amount by having the above G bear KRW 46,630.

Summary of Evidence

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

1. Each police statement made to D or G;

1. A copy of a new contract for services;

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

1. Relevant provisions of the Criminal Act and Articles 231, 234, and 347 (1) of the Criminal Act concerning the crime, the selection of fines, and the selection of fines;

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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