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(영문) 서울북부지방법원 2018.07.27 2018노426
사문서위조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of facts), the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the defendant could have forged the application form of this case without the consent of C and exercised it.

2. Judgment on the grounds for appeal by the prosecutor

A. The Defendant used the instant charge that he/she acquired a driver’s license from a forged document C and used his/her mobile phone seller to open and use a mobile phone in his/her name.

On September 26, 2011, the Defendant entered “E” store located in Gangnam-gu Seoul Metropolitan Government mobile phone sales business entity “E” as “CF Mapo GH” in the subscriber’s name column with a syllogic pen and entered “C” in the subscriber’s name, and entered “C” in the applicant/subscriber column and buyer column as “C” and carried out a private person next to the name.

In addition, the Defendant stated the “C” column as “C” in the written consent for the use of personal information, using the black pension, and carried out C’s private person next to the name.

In addition, from that time until October 18, 201, the Defendant provided a total of 16 pages, including a written application for subscription and a written consent for the use of personal information in the name of C, a private document pertaining to rights and obligations, in a total of six times, as stated in the list of offenses committed in the attached Table.

B. The Defendant exercised the aforementioned investigation document at each time and at the same place as above, each of the aforementioned forged application form and the consent form for the use of personal information in the name of each forged C to the cell phone sales store employees who are aware of the forgery.

[....]

B. The lower court’s judgment: (a) in the case of hospital C hospitalized, external calls can be made through public telephone or portable telephone, and facsimile calls can be made through original affairs, provided that:

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