Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

1. On April 12, 2016, the Defendant: (a) indicated “D”, “E” and “F” in the column for the name of customer information on the application for subscription to a new service contract, using a verification color tool without D’s consent or delegation at the mobile phone sales store located in Nam-gu, Nam-gu, Gwangju, without permission or delegation; (b) stated “C” in the column for the payment method; and (c) written “D” in the column for the payment method; and signed on the name of the applicant customer column.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the “new service contract” to join the mobile phone in the name of D, which is a private document on rights and obligations.

2. The Defendant: (a) exercised the instant investigation document by transmitting the forged “new service contract” to H by means of the reproduction transmission, as if the document was duly formed, at the same time and place as set forth in paragraph (1).

3. The criminal defendant did not have any intention or ability to pay charges, etc. even if he/she opens his/her mobile phone.

Nevertheless, the Defendant, by exercising the aforementioned document, opened a mobile phone in the name of D, and did not pay the fee including the terminal price, thereby acquiring the pecuniary benefits equivalent to KRW 296,590 from the victim Scom Telecom Co., Ltd.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A new service contract;

1. A debt certificate;

1. Receipts:

1. Application of investigation report (G agency H and telephone communications) Acts and subordinate statutes;

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), Article 347(1) of the Criminal Act, and the choice 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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;