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(영문) 청주지방법원 2017.08.31 2017고단1633

공문서부정행사등

Text

Defendant A shall be punished by imprisonment with prison labor for four months and by imprisonment for four months.

However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On July 8, 2016, Defendant B was sentenced to a maximum of one year and six months of imprisonment for fraud, etc. at the Cheongju District Court, and one year and one year of imprisonment for a short term, and the above judgment became final and conclusive on October 19, 2016.

[Criminal facts]

1. Defendant B’s sole criminal conduct

A. On June 2015, the Defendant: (a) had the victim C obtained a driver’s license from the land on which the victim C lost in the land near the Yong-gu Yung-gu Yung-dong, Cheongju-si; and (b) did not take necessary procedures, such as returning it to the victim; and (c) had the victim think he/she had.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

B. From Jun. 26, 2015 to Jun. 19:30, 2015, the Defendant, without obtaining a driver’s license, driven a FK5 vehicle at a section of about 80km from the front side of the E’s business office located in Yeong-gu, Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City to the long distance.

2. The Defendants jointly committed the crime committed by the Defendants with the intention to rent a car using C’s driver’s license acquired as above 1(a) and asked Defendant A to rent a car using C’s driver’s license and request the lease of the car.

A. In the event of unlawful uttering of official document, Defendant A borrowed sirens from the E office located on June 26, 2015 at the reasonable Cheongju-si, Cheongju-si (D1), Defendant A presented as Defendant A’s driver’s license after completing the driver’s license under the name of the Commissioner General of the Korean National Police Agency in the Chungcheongbuk-gu, where Defendant B was demanded to present a driver’s license.

As a result, the Defendants conspired to use official document in a fraudulent manner.

B. Defendant A entered the date and time, at the same place as set forth in the above 2.1 paragraph (a) of the lease agreement, as set forth in the foregoing 2.1, the basic matters necessary for the car siren, such as the vehicle type “K5”, the vehicle number “F”, the lessee’s name “C”, and the driver’s license number.