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(영문) 전주지방법원 2016.11.15 2016고단87
사문서위조등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2015 High Court Decision 934]

1. On June 28, 2013, the Defendant: (a) forged private documents; (b) entered “E”, “F”, “G”, and “E” in the resident registration number column in the name of “B” and “E” in the “B” and “E” in the application customer column, which are documents not known to the victim E, without authority, at the office of “D” located in Busan-gu, Busan-si; and (c) signed by the victim E without authority.

For the purpose of uttering, the Defendant forged one “new contract for mobile phone services” in the name of the victim E, delivered and used it to the employees of the E Telecom Co., Ltd. that may know the circumstances at that time, and forged and used eight private documents as shown in the attached list 1.

2. The defrauded did not have the intent or ability to pay the purchase price of the device and the monetary rate even if he/she opens a cell phone (number H) in the name of the victim E, as prescribed in paragraph 1.

Nevertheless, the Defendant opened a mobile phone at the time of the preparation of a new contract specified in paragraph (1) for the purpose of receiving sales allowances by opening a mobile phone, and did not pay the mobile phone price, etc. in the following month.

The Defendant obtained a profit equivalent to the same amount by having 863,450 won such as the price of the device from the Stecom Co., Ltd., and obtained a pecuniary profit equivalent to 6,513,135 won in total through 8 mobile phones listed in the attached list of crimes and 2 mobile phones.

3. No person who processes personal information in violation of the Personal Information Protection Act shall use such information at will without consent of a subject of information;

The Defendant, while operating “D”, shall use a new service contract and resident registration certificate stating the name, address, etc. of the resident number, etc. prepared by the victim I who applied for the opening of his/her mobile phone on February 2, 201, and shall be stored in the KS and shall be stored in the personal PC immediately, and the mobile phone shall be kept as prescribed in paragraph (1).

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