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(영문) 수원지방법원 2016.07.21 2016고정1441

공전자기록등불실기재등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[criminal records] On February 20, 2014, the Defendant was sentenced to imprisonment with labor for a year and six months due to the re-violation of electronic records, etc. at the Sungnam support of Suwon Friwon, and the judgment was finalized on May 22, 2014.

[2] On February 16, 2012, C purchased documents necessary for the registration of the transfer of automobiles from the Defendant operating an agency for the registration of the transfer of automobiles with the knowledge of Eunpyeong-si on February 16, 2012, such as a certificate of seal impression of the tax forest industry development, etc., and applied for the registration of the transfer of ownership as if the registration of the automobile was acquired at the registration office of Sungnam-si, Sungnam-si, for the registration of the transfer of ownership.

However, in fact, the development of the Sejong Forest Industry was registered as a business entity under the name of the legitimate business entity, in order to deem that E, etc. was a transferee of a pre-saleed vehicle without legitimate transfer of ownership, and the Defendant purchased from E a certificate of the seal impression of the Sejong Forest Industry Development as a registration of automobiles, and thus, there was no fact that the said vehicle was actually transferred the development of the Sejong Forest Industry.

Nevertheless, the Defendant and C conspired with E, etc. in order to prepare false documents necessary for the registration of transfer of DBMW car at the time of the foregoing day, and submitted them to the registration office of Seongbuk-si to enter the electronic records of vehicle registration as a public electronic records as owned by the Sejong Industrial Development Co., Ltd., and thereafter held the electronic records of vehicle registration at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. The protocol of suspect interrogation of each police officer regarding E;

1. A list of registered vehicles in the name of the forest industry development;

1. Investigation report (an act of trading documents between A-F, etc.);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 228 of the Criminal Act and Articles 228(1) and 30 of the Criminal Act (a false entry of electronic records as to the crime).