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(영문) 부산지방법원 2018.06.18 2018고단1847
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

The defendant, while operating a mobile phone sales store, used the fact that he keeps a copy of the identification card of customers, in order to open the mobile phone in his name by forging an application form for subscription to the mobile phone and sell the opened mobile phone with a strong seal.

1. On July 21, 2014, the Defendant: (a) indicated the name “E”, “F desired number of subscription”, and “B” in the name of the victim E with the intent to open a mobile phone in the name of the victim E from the “D located in the Busan Seo-gu, Busan, Busan, for the purpose of opening a mobile phone in the name of the victim E; and (b) signed the name next to the name.

Accordingly, the defendant, for the purpose of exercising rights and obligations, forged the application for joining the KT mobile phone in the name of E, which is a private document.

2. The Defendant, at the same time and at the same place as in the preceding paragraph, submitted a forged E’s mobile phone entrance application form using a computer program to KT as if it were a document duly formed.

3. The Defendant, at a time, at a time, and at a place around the same time as paragraphs 1 and 2, submitted to the employees of the KT mobile phone opening in the name of the KT mobile phone opening in the name of E, and received a copy of a model E400 mobilephone, which is equivalent to the market price of 799,700 won, from the KT, and was issued by the victim KT.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to mobile phone subscription applications;

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 (the point of fraud), and each choice of imprisonment with prison labor;

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

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