logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.08.18 2017고단1306
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On April 14, 2017, the Defendant was sentenced to five months of imprisonment for fraud in the Vice-Support of the Incheon District Court, and the judgment became final and conclusive on July 6, 2017.

[Criminal Facts]

1. On June 11, 2012, the Defendant forged private documents: (a) at the Defendant’s office located in Bupyeong-si C and the fourth floor, through the name influence of the mobile phone seller, the Defendant intended to open the mobile phone of the LG Plus radio operator in the name of D through the name influence, and (b) had the aforementioned mobile phone dealer run the said mobile phone sales business as if he obtained D’s permission from D; and (c) arbitrarily stated “D” and “E” in the column of the subscriber, buyer, and deposit owner of the printed mobile phone opening communications office using a black pen in advance; and (d) signed on the name next to the name.

Accordingly, for the purpose of exercising, the Defendant forged one copy of a mobile phone subscription application in the name of D, which is a private document on rights and duties.

2. The Defendant at the time and at the place specified in paragraph 1, delivered the forged mobile phone entrance application form to a mobile phone dealer who is unaware of the forged fact, as if it were the document duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An application for membership;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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, and the choice of imprisonment with prison labor, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has a record of being punished several times for the same crime, the fact that the defendant's cell phone opening through the cell phone and using the cell phone causing damage to the victim, etc., the crime is not good, but this is not good.

arrow