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(영문) 서울중앙지방법원 2015.05.20 2015고정1685
사문서위조등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 8, 2013, the Defendant was sentenced to a suspended sentence of six months in the Seoul Southern District Court for criminal fraud. On November 8, 2013, the Defendant was sentenced to a suspended sentence of six months and the judgment became final and conclusive on November 16, 2013.

The defendant had the custody of D's seal and the certificate of the personal seal impression, etc. as the representative director of C corporation, and had the intent to prepare an application for mobile phone subscription in his name.

1. On November 20, 201, the Defendant forged private document: (a) stated “C Company D”, “F”, “B”, “B”, “B”, and “Buyer’s “B” in the form of LGpller’s agency’s mobile phone subscription application; (b) written consent for the use of personal information; and (c) signed the document in the form of “written request for fare collection”; and (d) attached the certificate of personal seal impression and registration certificate of C corporation in possession.

Accordingly, for the purpose of uttering, the Defendant forged three copies of the application form for the subscription of LG Plus mobile phone under the name of C company D, which is a private document on rights and obligations.

2. In the event of the above investigation document, the Defendant opened three mobile phone calls to employees who are not aware of the forgery of the above LG Plus Agent E, and issued three copies of the falsified mobile phone subscription application as if they were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written complaint filed by D (including attached documents, such as an application for joining a mobilephone);

1. Report on investigation (report attached to relevant judgments) and application of Acts and subordinate statutes on the proceedings of the case;

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense (the point of uttering of a falsified investigative document);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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