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(영문) 수원지방법원 평택지원 2018.11.30 2018고정56

사문서위조등

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

1. On July 4, 2017, the Defendant forged a private document: (a) the Defendant, the spouse of the Defendant, did not transfer the rash car to the Defendant; and (b) the Defendant did not have obtained permission from B for the preparation of a transfer certificate, etc., the Defendant forged a private document B’s certificate under the name of B, a private document for the purpose of exercising authority by stating “B”, “D” in the column of the transferor of the vehicle transfer certificate, “B” in the resident registration number column, and “B” in the address column; and (c) displaying B’s seal on the name of the transferor to the name of the transferor.

2. On July 4, 2017, the Defendant: (a) issued the certificate of the transfer of a motor vehicle under B forged name to the person in charge of the name in charge of the forgery at the Pyeongtaek-si registration office located in Pyeongtaek-si, 1165-8, Pyeongtaek-si; and (b) exercised the said certificate as if it were a document duly formed.

Summary of Evidence

1. The Defendant appears to have prepared the instant transfer certificate without the permission of B in light of the developments of the instant case, B’s statement, and the details of the instant vehicle transfer certificate against the Defendant in the police interrogation protocol (Evidence No. 16 No. 5 of the evidence list) concerning the Defendant stated in B’s statement in the prosecutor’s statement in the witness B, among the suspect interrogation protocol (Evidence No. 16 of the evidence list) against the Defendant in the prosecutor’s statement in the witness B, and considering the following circumstances, the Defendant’s assertion that the instant transfer certificate was prepared with the permission of B is difficult to believe. Thus, the Defendant and the defense counsel’s assertion denying this is rejected.

(1) The Defendant received B’s identification card from the investigative agency on the day of the instant case at the same time.

Although the defendant asserted that B was a company where B works, he/she received his/her identification card and received it.

2. B from the police investigation, the Defendant is required to transfer the instant vehicle.