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(영문) 수원지방법원 평택지원 2017.05.11 2016고정412
사문서위조등
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant had a different allowance paid to an agency based on the opening performance, and had C, an employee of the agency, etc. open in order to improve the performance of pre-paid phone in the name of customers visiting the agency.

1. On February 10, 2015, the Defendant forged private documents: (a) stated “G”, “H”, “I”, “G” in the phone number column for contact, and “G” in the name column of the pre-paid mobile phone/name change contract (F), without authority, for the purpose of exercising the right by employees C; (b) stated “G” in the name column of the pre-paid mobile phone/name change contract (J); and (c) sign the name following the name column of the pre-paid mobile phone/name change contract (J); and (d) written “G” and “H” and “G” in the phone number column for contact in the name column of the pre-paid mobile phone/name change contract (J); and (c) signed it next to the name of the customer column.

Accordingly, the Defendant forged two copies of the pre-paid mobile phone in the name of G, which is a private document on rights and obligations.

2. The Defendant, at the time and place specified in paragraph 1, sent two copies of the forged prepaid mobile phone new/title change contract as if it were duly formed by facsimile at the time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on a contract for change of new name of prepaid mobile phone;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

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