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(영문) 대전지방법원 공주지원 2013.10.25 2013고정115
사문서위조등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

When the Defendant came to know of the opening of his mobile phone in his name due to bad credit standing, the Defendant had previously obtained C’s driver’s license from a person with no personal standing in his name before the Defendant was able to open and use C’s mobile phone in his name.

1. Around December 26, 2008, the Defendant forged private document: (a) prepared an application for mobile phone entry, written confirmation of subscription, lifelong discount program, mandatory arrangement system, and written consent for the utilization of personal information at the E mobile phone sales store located in the Nam-gu Incheon Metropolitan City D 102; (b) stated “C” in the “applicant” or “Purchase”; and (c) voluntarily signed on the name of the said C.

Accordingly, for the purpose of uttering, the Defendant forged each one of the application form of mobile phone entry in the name of C, written confirmation of the details of subscription, lifelong discount program, mandatory agreement system, and written consent for the utilization of personal information in the name of C.

2. The Defendant, at the same time and place as set forth in paragraph (1), issued an application for entering a forged mobile phone, as set forth in paragraph (1), to F, an employee of the above E-Carrying Store, who is aware of the fact, as if they were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of this Act to duplicate application form;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines for each crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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