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(영문) 대전지방법원 2017.09.27 2017고단2224

면허증불실기재

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 2014, the Defendant reported e-mail sent by B around 2014, and asked B to conduct an e-mail e-mail so that he can contact B with an e-mail, and requested B to conduct an e-mail scaming agent test. B, upon transmission of the Defendant’s evidentiary photograph by e-mail, scams the Defendant’s identification photograph and re-exploited to send it again to B.

On October 2014, the Defendant sent his/her identification pictures to B by e-mail along with the request for the TOEIC test on behalf of him/her (TOEIC), and B sent his/her pictures to the Defendant again, and made the driver’s license attached with the above synthetic photograph.

Accordingly, on November 12, 2014, the Defendant prepared an application for re-issuance of a driver's license on the ground that he lost the driver's license at the examination site of the driver's license of the Korea Road Traffic Authority (hereinafter referred to as the “Korea Road Traffic Authority”), which is located in the Cheongju City City, as an education center, and submitted to the public official in charge by attaching a synthetic photograph issued by B in the photo column of the said application for re-issuance to “the driver's license register of the driver's license information system”. Ultimately, by creating the driver's license of a vehicle with a synthetic photograph attached, the Defendant made the public official in charge enter the fact of non-performance on the driver's license of the Defendant under the name of the Commissioner General of the Korea National Police Agency.

Accordingly, in collusion with B, the Defendant made a false report to the public official, and made him enter false facts in his license.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect B of the police; and

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Article 228 (2) of the Criminal Act and Article 228 of the same Act concerning the facts constituting an offense (see, e.g., Supreme Court Decision 200Do134, Apr.

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.