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(영문) 대구지방법원 서부지원 2014.07.16 2014고정360

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

The defendant is a person who operates the (State)C in Daegu-gun District Court, and D is a co-owner who has held a title trust to the said State, E Trucks.

When D fails to pay the installment and the payment of the above truck, the Defendant used a forged brokerage contract termination certificate to convert the above truck into the (C) vehicle and to dispose of it.

1. On August 27, 2013, the Defendant forged private document: (a) written at the office of the said state office, that “E” and “F” in the vehicle number column of the document confirming the entrustment contract termination by using pents; (b) from January 8, 2013 to August 27, 2013, the Defendant confirmed that the title trust and the entrustment contract of the trucking transport business operator (ju)C and the entrusted owner operator D were terminated as of August 27, 2013; and (c) stated “D” in the entrusted owner operator column, and affixed a seal of D which was stored in advance.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the consignment contract termination certificate in the name of the private document D, which is a private document related to rights and obligations.

2. On August 27, 2013, the Defendant: (a) presented at the H vehicle registration office located in Daegu G a written confirmation of the termination of an entrustment contract, which was forged as prescribed in paragraph (1) of the said Article, to the employee in charge of the knowledge of the circumstances thereof; and (b) exercised the said written confirmation of the termination of the entrustment contract.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect interrogation protocol (including D statements), suspect interrogation protocol of the police about the defendant, I, and suspect interrogation protocol of the police about I;

1. Statement made to D by the police;

1. A complaint;

1. Certificates of cancellation of the entrustment contract;

1. Application of Acts and subordinate statutes to investigation reports (A and telephone communications);

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of punishment for the crime, the choice of fines, and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;