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(영문) 수원지방법원 2016.11.10 2016고단5685

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2016, the Defendant: (a) signed an automobile insurance subscription form sent by the insurance company by facsimile from the rental car office located in Masung-si B, with the signature of “C” on the part of the policyholder; and (b) on the part of the insurer’s signature.

Accordingly, for the purpose of exercising, the Defendant forged a motor vehicle insurance subscription form in the name of D, which is a private document on rights and obligations.

2. The Defendant, at the time and place specified in paragraph (1), sent the forged automobile insurance subscription form to E, an insurance company employee, who is aware of the forgery, by facsimile as if the document was duly formed, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to automobile insurance subscription form and automobile insurance certificate;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. It is highly responsible that the defendant, without authority, has forged and used an automobile insurance subscription form without the reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order.

On the other hand, it is recognized that the fact of crime is recognized and the mistake is divided.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. and the conditions for sentencing as shown in the instant pleadings, a suspended sentence of imprisonment shall be imposed on the Defendant, and community service shall be added.