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(영문) 창원지방법원 2020.01.10 2019고단3161

사문서위조등

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

Criminal facts

On December 24, 2018, the Defendant: (a) around 24, 2018, around Kimhae-si B, in order to avoid arrest by fine as a result of the absence of the fact of having been transferred to Kimhae-si D apartment and E; (b) in order to avoid being arrested by fine, F, the householder of the above address, out of the place of residence; (c) stated “F” in the former householder’s column with a stample, using a check-type pen, and affixed a seal in the name of F, which was prepared in advance, and then submitted it to an employee under his name as if it was duly formed.

Accordingly, for the purpose of exercising a certificate of fact, the Defendant forged a move-in report, which is a document in F’s name related to the certification of fact, and subsequently reported false facts about the resident registration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A move-in report;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a charter contract stamped with F seal);

1. Relevant laws, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 37 subparagraph 2 of the Resident Registration Act, and the choice of fines for each type of crime;

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

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be comprehensively considered to determine the sentence as ordered.

The favorable circumstances: The fact that the crime of this case is recognized and reflected, and the circumstances unfavorable to the report of transfer immediately after the crime of this case are again reported: The fact that the report of transfer was made by using personal information of another person for the purpose of avoiding the payment of fines and arrest resulting therefrom, is not very good.