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(영문) 서울북부지방법원 2017.06.23 2016고단2623
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 30, 2016, at around 20:30, the Defendant: (a) took the attitude that the Defendant was able to pay the drinking value in the absence of an intent or ability to pay the drinking value because of the lack of money at the D main points of the Victim C’s Operation in Seoul Central-gu; and (b) ordered the victim’s alcohol and the alcohol to the victim; and (c) received the victim’s delivery of alcohol and alcohol equivalent to KRW 940,00,000 from the victim.

2. On March 30, 2016, the Defendant violated the Resident Registration Act: (a) around 23:30, at the D main station located in Jungdong-gu Seoul, and received 112 reports; and (b) at the D main station located in Jungdong-gu, Seoul; (c) the Defendant issued the Defendant’s sentence G resident registration number, who was the Defendant’s punishment, in order to conceal the demand of the police officer F to leave his/her residence registration number; and (d) used the other person’s resident registration number unlawfully.

3. On March 31, 2016, at around 01:00, the Defendant: (a) stated the signature of “G” in the document issued by the police officer F of the above police box in the letter of confirmation for arrest of flagrant offender issued by the police officer F of the above police box in Jung-gu Seoul, Jung-gu; (b) stated the signature of “G” in the confirmation column using the examination color pen; and (c) issued the above F a written confirmation for arrest of flagrant offender who forged the signature of “G” to the said F, who is aware of the forgery of the signature.

Accordingly, the defendant forged his signature in G name for the purpose of exercising his right, and exercised it.

Summary of Evidence

1. A protocol concerning suspect interrogation of I by the prosecution;

1. Some statements made against the defendant during the police interrogation protocol;

1. A written statement of victim C;

1. A written confirmation (referring to eight pages for investigation records) and a receipt for compensation for damage;

1. Application of Acts and subordinate statutes to a report on internal investigation, family relation certificate (G), and a certified copy of resident registration;

1. Relevant Article 347(1) of the Criminal Act, Article 239(1) of the Criminal Act, Article 239(2) and Article 239(1) of the Criminal Act, Article 37 subparag. 10 of the Resident Registration Act (illegal use of resident registration number) for criminal facts, and Article 347(1) of the Criminal Act for the choice of punishment.

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