logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.30 2016고단3808
사전자기록등위작등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant engaged in the mobile phone sales business, and opened his mobile phone in the name of the victims who suffered from overdue debts such as card payments, etc., and thought to dispose of it.

1. On January 19, 2016, at “D agency located in Daegu-gu, Daegu-gu, the Defendant entered “E” into the customer column of the application for subscription to a new contract for SK Telecom Services (F), which is an electronic document, “E, on the first day of the legal life,” “G” and “H 201, Gyeongsan-si, Gyeong-gu, the State column” without the consent of the victim E.

Accordingly, the Defendant, as well as the writing of electronic records in the name of the victim on rights and duties for the purpose of hindering the management of affairs, committed the electronic records of the victims at least seven times from February 2, 2016, from that time to February 2, 2016, respectively.

2. The Defendant sent the electronic records, etc., at the time and place specified in paragraph 1, and at the same time and place, the files of a new service contract, which were written above, to the employees in charge of the opening of the Telecom with the nameless SK Telecom, who knew of such writing, as if they were genuinely formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, J, and E;

1. Application of each service contract, each resident registration certificate, to each statute;

1. Relevant legal provisions of the Criminal Act, the choice of punishment, and Article 232-2 of the Criminal Act (such as electronic records, etc.), Articles 234 and 232-2 of the Criminal Act (a point of events, such as electronic records, etc. of the above author), and the choice of imprisonment with labor;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines for multiple offenses, the basic area (six months to two years) (any person who does not have any special sentencing person) of the types 1 (such as fabrication, alteration, etc. of private documents) (one month: six months to three years): June 3 months;

2. Determination of sentence;

arrow