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(영문) 서울중앙지방법원 2016.07.13 2016고정1313
사문서위조등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant, who served as a mobile phone agent C in Geumcheon-gu Seoul Metropolitan Government, has been keeping the identity card sent to Kakakao Stockholm in the said agency while harming the opening of the mobile phone at the said agency. The Defendant sent the identification card to the representative of the enterprise operating the mobile phone sales store, and additionally, made the victim prepare an application for entry of the latest type of mobile phone in the name of the victim in addition to the normally opened mobile phone, and made it possible to dispose of the mobile phone after additional opening of the mobile phone.

1. On April 22, 2015, the Defendant forged a private document: (a) at the foregoing agency on April 22, 2015, the Defendant: (b) opened one cell phone from the victim E, who is the victim’s children; (c) retransmitting the aforementioned photograph to the G representative H located in the permanent record, and obtained consent from the victim to open the cell phone; (d) he changed to open the cell phone; and (b) H, who is unaware of the said fact, made H enter the “T subscription application” in the name column of the “T subscription application” stored in the said place; (d) the phone number I”; and (d) the “D” on the legal birth day of the year; and (d) the customer column of the application for subscription, with the intention of having the victim sign the “D” at his own discretion; and (d) forged the victim’s “T subscription application” in the name of the victim, which is a private document on rights and duties.

2. The Defendant, at the time and place specified in paragraph (1) above, opened one unit of SK mobile phone (K) in the name of the victim by exercising as if the above application for a forged Telecommunication was duly completed.

3. The fraud accused sent the victim’s identity card to the G distributor on the cell phone at the date, time, and place described in the above paragraph 1, and “The change in the cell phone opening because he/she obtained consent from the titleholder.”

However, there is no consent from the injured party, and there is no false consent.

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