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(영문) 전주지방법원 2017.10.26 2016고단591
사문서위조등
Text

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

Reasons

Punishment of the crime

"2016 Highest 591"

1. The Defendant is a person who operates a SK Telecom Agency in the former west-gun C of the Republic of Korea with respect to the forgery of a private document and the uttering of the said investigation document.

On March 19, 2014, the Defendant, without authority, entered the name, resident registration number, and other personal information of E in the “new service contract” that is necessary to open a mobile phone D without authority for the purpose of exercising the aforementioned SK Telecom agency, and entered E’s name in the “customer” column.

Around that time, the Defendant submitted a new contract for the mobile phone service in the name of the employee belonging to the SK Telecom Co., Ltd., who is unaware of the fact.

As a result, the Defendant forged a new contract for mobile phone service in the name of E, a private document on rights and obligations, and exercised it.

In addition, during the period from that time to March 31, 2015, the Defendant forged 26 copies of the mobile phone service contract under the name of the victims on a total of 26 occasions, such as the period in the attached crime sight table (No. 24-26 pages).

2. The Defendant, at the above date and place, submitted to the victim SK Telecom Co., Ltd., the victim SK Telecom Co., Ltd. a new contract for the mobile phone service in the name of E, thereby opening the mobile phone D in the name of E.

However, the defendant did not obtain E's consent in opening the above mobile phone, and even if he opened the mobile phone, he did not have the intention or ability to pay the terminal and the telecommunication fee.

Nevertheless, the Defendant acquired property benefits equivalent to KRW 1,595,760 in total due to the failure to pay the amount equivalent to KRW 539,760,00 of the communication fee, after receiving a mobile phone terminal equivalent to the market price of KRW 1,056,00 from the injured party by making a false statement to the injured party as above.

In addition, the Defendant’s aforementioned period from around that period to March 31, 2015.

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