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(영문) 수원지방법원 2018.06.22 2018고정455
절도등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 13, 2017, the Defendant was sentenced to imprisonment with prison labor for special larceny in the Chuncheon District Court for six months, and the said judgment became final and conclusive on July 21, 2017.

It is between the defendant and the victim B (23 years, inn), who had been dead at the time.

1. On November 14, 2015, the Defendant: (a) committed theft by means of cutting off the resident registration certificates which were kept in custody in Party A, using the gaps in which surveillance was neglected due to the victim’s going out from the outside and going out by the victim under Section C201, Seo-gu, Seocheon-gu, Yancheon-gu, Seocheon-gu, Gyeongcheon-gu; and (b) theft.

2. The Defendant forged a private document at a store located in J on December 17, 2015 at Jinjin-si around 15:00

LG U mobile phone subscription application form written “B”, “F” on the date of birth “B”, “B” on the automatic transfer column of charges, “B” on the date of preparation, “B” on the applicant column, and “B” on the applicant column.

Accordingly, the defendant forged the application form for mobile phone subscription in the name of private document B, which is a private document related to the rights and obligations for the purpose of exercising.

3. The Defendant, at the same time and at the same place as the above 2. Paragraph 2., delivered the forged mobile phone entrance application form to H, an E store employee, who was aware of the forgery, as if it were the document duly formed.

Summary of Evidence

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

1. Statement made by the police against B;

1. Police investigation report (Investigation of a portable phone sales store);

1. A mobile phone subscription application, and the details of requests by each account, and the details of each currency;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, summary information of the case, and application of the text of the judgment;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (the point of section 329 of the Criminal Act), Article 231 of the Criminal Act (the point of section 231 of the same Act), Articles 234 and 231 of the Criminal Act (the point of exercising the above investigation document), and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Aggravation concurrent crimes;

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