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(영문) 서울서부지방법원 2014.12.18 2014고정1003
사문서위조등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 8, 2013, the Defendant acquired the victim C’s driver’s license that was lost in the street near Eunpyeong-gu Seoul at around 21:00.

The Defendant, without taking necessary procedures such as returning the driver’s license that he acquired as above, embezzled the driver’s license as he had in mind.

2. The Defendant used his driver’s license acquired as above, with the intention of purchasing handphones in the victim’s name, by pretending that the victim was a relative relative of the Defendant.

On July 14, 2013, at around 16:00, the Defendant presented a driver’s license obtained from E stores in Eunpyeong-gu Seoul Metropolitan Government as prescribed in the foregoing paragraph (1) to the store employee F, who is aware of such fact, and entered “C” in the name column of new service contract, “G” in the resident registration number column, and “H 304, Eunpyeong-gu Seoul Metropolitan Government” in the resident registration number column, and signed after entering “C” in the customer column.

Accordingly, for the purpose of uttering, the Defendant forged a new service contract in the name of C, which is a private document on rights and obligations.

3. The Defendant, at the time and place specified in Paragraph 2 of the above Article, submitted a forged new service contract to F, who was aware of the forgery, to F as if it were duly formed.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes to applications for new contracts on mobile phones;

1. Articles 360 (1), 231, and 234 of the Criminal Act applicable to the facts constituting an offense;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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