A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On May 18, 2018, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution at the Gwangju District Court on the grounds of property damage, etc., and the judgment became final and conclusive on May 26, 2018.

[Criminal Facts]

1. On November 14, 2016, the Defendant forged a private document at a location for the opening of a mobile phone of E and F without obtaining D’s consent from C mobile phone stores located at the Seocho-si, Seocho-si, 2016;

2 The application form for membership in Chapter 2 entered “D”, “G” and “D” in the name of the insured column, “date of birth,” respectively, in the name of the insured.

Accordingly, for the purpose of uttering, the Defendant forged the two copies of the application for joining in the name of D, a private document related to rights and obligations.

2. At the time and place set forth in the preceding paragraph, the Defendant: (a) delivered two copies of the forged application form to C mobile phone store employees who are not aware of the forgery at the time and place; and (b) exercised the same as the document duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (a mobile phone conversation with a mobile phone owner H);

1. Each application for admission;

1. A previous conviction in judgment: A criminal investigation report (the attachment of a judgment during the period of suspension of execution and report on the date of confirmation thereof), Gwangju District Court Decision 2017 High Court Decision 165, 2018 High Court Decision 1269 (Joint) shall apply;

1. Article 231 of the Criminal Act (the point of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (inter-Korean between crimes of gambling documents for each of the above investigations);

1. Selection of each sentence of imprisonment;

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

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

1. The sentencing criteria cannot be applied to each of the above crimes, since each of the crimes indicated in the reasoning of sentencing under Article 62(1) of the Criminal Act is a concurrent crime between the two crimes, such as the crime of destroying goods for which judgment becomes final and conclusive, and the latter part of Article 37 of the Criminal Act.