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(영문) 서울서부지방법원 2016.01.21 2015고단1046
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1, 2, 4 through 216 shall be confiscated from the accused.

Reasons

Punishment of the crime

[2015 Highest 1046] The defendant employed a person in operating an office or used documents to draw up a power of attorney; E obtained another person’s corporate business registration certificate necessary for opening a passbook and opening a mobile phone, a certified copy of a corporate register, a certificate of seal impression, a certificate of seal impression, etc. from an unfolded “Yeungpo Business Operator”; F, G, and H shared the role of opening a passbook in a bank or mobile phone agency and opening a cell phone, a mobile phone, or an Internet opening by using the above documents delivered by E at the defendant’s order; and sold them in another person’s name and divided the price.

1. On May 8, 2012, the Defendant forged a private document and exercising the aforesaid investigation document: (a) entered the name of “F” in the column of “J Representative K” and “person delegated” in the column of “Person entrusted” in a computer using a corporate business registration certificate under the name of “J”, a certified copy of the corporate registry, a certificate of seal imprint, and a certificate of seal imprint, etc. brought by “J” in the office of the Defendant located in Songpa-gu Seoul Metropolitan Government I building 208; and (b) affixed the seal impression of J on the side.

In addition, around May 8, 2012, the forged power of attorney as above was F, and F, at the point below the KB National Bank Samsung C&M located in Samsungdong, Gangnam-gu, Seoul, entered the “applicant” column of the application for new transaction in that place and affixed a seal thereon, and submitted the forged power of attorney and the application for new transaction as if it were a document duly formed.

Accordingly, the Defendant, in collusion with E, etc., has forged a letter of delegation under the name of J representative K and a letter of application for new transaction, which is a private document related to rights and obligations, from that time to June 1, 2012, and from that time, the Defendant is a private document related to the rights and obligations of Chapter 93 in total, such as the copy of the attached crime list (Ⅰ).

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