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(영문) 제주지방법원 2015.09.25 2015고정618
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was a person who worked as a mobile phone salesperson in B.

1. On December 17, 2012, the Defendant: (a) prepared, without authority, the “D” in the name column of Chapter II of the SKS service new contract, “E, resident registration number column,” “E,” “G” in the column of address; and “D” in the name column of the SKS service new contract in the above B on December 18, 2012; (b) prepared, without authority, “H” in the name column of the SKS service new contract, “I” in the resident registration number column, “I” in the address column, “G” in the name column, “H” in the name column of the JJ service new contract in the above B, Seo-gu, Seo-gu, Seoul Special Metropolitan City, 11-dong building No. 101, “B” in the deposit share column, and “H” in the name of the applicant column; and (c) forged the H service new contract in the name of H, i.e., the rights and obligations of the applicant column.

2. The Defendant submitted three copies of the service contract in the name of the above D and H, which is a private document regarding the forged rights and obligations, at the time, and at the place, as described in the above Paragraph (1) above, to the employees of SK Telecom, who are not aware of such circumstances.

3. The Defendant, at the time and place stated in the above Paragraph 1, did not file an application for opening of a mobile phone, had the victim D and the victim H, but had the victim D and C not filed an application for opening of a mobile phone, and had the victims obtain a total of KRW 2,92,00 by opening two gallonno-2 (K, L), the ex-factory price of which is equivalent to KRW 2,178,00,00 in the name of D, the shipment price of which is equivalent to KRW 814,00,00 in the name of H 51 (M) in the name of H.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement about G, H and D;

1. Application of statutes on a copy of a new contract;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act, Article 231 of the Criminal Act and Article 234 of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

1. Aggravation of concurrent crimes: the former part of Article 37 and Article 38(1) and (2) of the Criminal Act;

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