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(영문) 대전지방법원 2018.10.19 2018고정707

절도등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 15, 2015, the Defendant was sentenced to a suspended sentence of one year in the last six months of imprisonment for fraud in the Incheon District Court Branch Branch of the Incheon District Court, and the judgment became final and conclusive on May 23, 2015.

The defendant is a person who was in a relationship with the victim B.

In order to borrow KRW 20 million from C in the name of the victim, the defendant stolen the victim's resident registration certificate and used the above resident registration certificate to obtain a certificate of personal seal impression in the victim's name.

1. The Defendant, at the end of February 2015, stolen the victim’s resident registration certificate, which was kept in custody in the victim’s wallets, by taking advantage of the gaps where the victim was locked, (D 402), brought about one copy of the victim’s resident registration certificate.

2. On March 3, 2015, the Defendant forged a private document and the instant investigation document: (a) indicated “B” in the proxy form for the issuance of a certificate issued at the 129 Won-ro 129 Won-si Office; (b) affixed B’s seal prepared in advance on the name of the delegating; and (c) indicated “E”, “Korea”, “Korea”, and “Korea” in the resident registration number; (d) indicated the type of identification card, “working license”, “Submission of Company” for the purpose of use; and “one copy” in the number of copies issued; and (b) presented it to a public official of the original-type 2 community service center.

3. In order to obtain the certificate of a seal imprint in B’s name, the Defendant illegally displayed the official document by presenting the resident registration certificate of B, as described in paragraph 1, to the public official in charge of the original 2 community service center, at the time, place, and at the place specified in paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (a copy of delegation for issuance of certificates of victim's seal imprint);

1. Previous convictions: Application of text of judgment and case search Acts and subordinate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;