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(영문) 창원지방법원 2013.07.02 2013고정452
사문서위조등
Text

1. The defendant shall be punished by a fine of two million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 19, 201, the Defendant: (a) around October 19, 201, at the mobile phone sales store “C” located in Changwon-si, Changwon-si; (b) on the mobile phone sales store located in “C”, the Defendant: (c) entered the name, resident registration number, etc. of D in the application for new mobile application and the application for smart phone opening for the purpose of the mobile phone opening; and (d) recorded the name, resident registration number, etc.

Therefore, the defendant has forged two copies of the mobile phone application in the name of D, which is a private document related to rights and obligations for the purpose of uttering.

2. The Defendant, at the time and place specified in the above paragraph (1), issued each of the above forged applications to E of the above mobile phone sales stores as if they were actually duly formed, and exercised each of them.

3. As above, the Defendant: (a) delivered a new application for the mobile phone in the name of D voluntarily prepared by the Defendant to the said E; and (b) made the said E open two mobile phones in the name of D; and (c) did not pay KRW 147,500 for the use thereof; and (d) acquired pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A complaint;

1. Application of Acts and subordinate statutes on a new application;

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each alternative fine for punishment;

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

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

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

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