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(영문) 수원지방법원 2018.11.27 2018고단5194

공문서위조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On September 11, 2017, the Defendant forged an official document: (a) applied for a loan as a security of the tank lock vehicle in the name of Pyeongtaek-si; and (b) applied for a loan by an applicant for a loan with a Class 1 large driver’s license, the Defendant added the phrase “ordinary” on the phrase “ordinary” on the top of the image file of the E’s driver’s license transmitted by E using the computer, with the aim of increasing the possible amount of the loan by using the fact that the amount of loan increases; and (c) output it.

For the purpose of uttering, the Defendant forged one copy of the driver's license for E in the name of the Daegu District Police Agency, which is an official document.

2. On September 12, 2017, the Defendant: (a) submitted a forged official document to an employee in charge of modern social loan, whose name is unknown, by transmitting the forged official document’s driver’s license to E by facsimile as if the document was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Statement protocol by the police for E;

1. Division of the modern social machine industry, copy of the forged vehicle driver's license, and the ledger of the E-motor vehicle driver's license;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:

The defendant is divided into and reflected in the crime of this case.

It seems that the defendant who was engaged in loan-related business has caused the crime of this case at the request of the applicant for the loan.

A defendant shall be punished by a minor fine only once.