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(영문) 수원지방법원 2014.08.14 2014노1544

사문서위조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, an application for registration of transfer.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. Ex officio determination

A. A. Around May 17, 2012, the summary of the facts charged regarding the forgery of private documents and the uttering of the falsified-gun's private document following the forgery of the application for the registration of transfer, the Defendant: (a) on the old owner's name column of the application for the registration of vehicle moving to DK7 automobiles by using a computer without authority for the purpose of exercising it in the mutual influence in the presence of Hong-gun, Hongsung-gun, Hongsung-gun; (b) on the place of use column, the Defendant stated “G” in the column for the registration number of residents (hereinafter referred to as the “G”); (c) on the same day, the Defendant forged the application for the registration of vehicle moving in the name of the E in the name of the Sin-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun; and (d) on the same day, submitted to the civil petition office for the exercise of the application, as if the above forged registration application was a document duly formed.

B. According to the records of the judgment, in the "new owner" column of the application for the vehicle transfer registration of this case, C is marked with a rubber name plate of the defendant in the "new owner" column, and the "former owner" column is printed with the trade name and place of use, the corporate registration number is printed, the new owner column and the former owner column are applied as above in accordance with the Motor Vehicle Management Act, etc., and the defendant's seal is affixed in the "applicant" column, and the defendant's seal is affixed. Thus, although the application for the vehicle transfer registration of this case contains the trade name, place of use, and registration number, it is merely the form of the application for the vehicle transfer registration of this case, and it is reasonable to view that the name holder of the application for the vehicle transfer registration of this case is the defendant who is the applicant.

참조조문