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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2017 Highest 1162]
1. On November 12, 2016, the Defendant: (a) committed theft with a driver’s license on the part of the victim C, who was on his/her book, and was on his/her own, in the victim C’s residence located in Daegu-gu Office B, Daegu-gu; and (b) committed theft.
2. On November 14, 2016, the Defendant had stolen C’s driver’s license as stated in the foregoing paragraph 1, the Defendant expressed “C”, “F”, “F”, “F”, “B”, and “G” in the contact column in the column, on the mobile phone sales store located in Daegu Suwon-gu D, and on November 14, 2016, the Defendant purchased the mobile phone at the mobile phone sales store of “E”, “E” and entered “G” in the contact column.
Accordingly, for the purpose of exercising authority, the Defendant forged a new contract for mobile phone service in the name of C, which is a private document on rights and obligations.
3. The Defendant, at the time, at the place specified in paragraph 2, submitted a forged new service contract to H as if it had been duly formed.
4. The unlawful uttering of official document presented as follows: (a) the Defendant was requested to present his identification card from H of cell phone sales store staff at the time and place specified in paragraph (2); and (b) as if he was the Defendant’s driver’s license under the name of the Commissioner General of the Daegu-gu National Police Agency, the official document in possession.
Accordingly, the defendant did not use official documents.
5. The Defendant: (a) filed an application for joining a mobile phone with the victim H, who is an employee of the mobile phone sales store, at the time and place specified in paragraph (2) at the time and place specified in paragraph (3) as if he/she was C; and (b) obtained a delivery of one mobile phone from the victim of the damage with an amount equivalent to KRW 1,152,80 of the market price.
[2017 Highest 1938]
1. The Defendant forged a private document I.D. on September 14, 2014.