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(영문) 대구지방법원 서부지원 2018.06.28 2017고정670

사전자기록등위작등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A. Although the Defendant, such as electronic records, was unable to contact with C, the owner of the registration of the Cub car in B, and was unable to buy a liability insurance policy for the said vehicle, the Defendant was willing to enter into a liability insurance policy with C as the principal C and operate the said vehicle as the insured.

Accordingly, on February 23, 2016, the Defendant made a call on the same fire, and had D staff-in-charged the fact without C’s permission, who is aware of the fact, enter the electronic records of automobile insurance in the private electronic records: B: vehicle number: B: from February 23, 2016 to February 23, 2017; E: the contractor: F, resident registration number C: F, address: Daegu Seo-gu, G, and the first floor; thereby making the Defendant enter the electronic records of automobile insurance, which is private electronic records of rights and duties.

B. The Defendant exercised the electronic records, such as the electronic records of the above paragraph (a) by allowing the staff-in-charge D to submit the forged automobile insurance records at the same time and place as the above mentioned in the above paragraph (a).

(c)

The Defendant violated the Resident Registration Act in order to enter into an automobile insurance contract for the said car without delegation or consent from C, the state of registration of the said car at the same time and place as the above paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Complaint;

1. Recording recording; - Recording recording;

1. Requesting investigation cooperation (request to send electronic data on insurance coverage);

1. Application of Acts and subordinate statutes to the investigation report (related to telephone calls from persons in charge of fire in the same department);

1. Relevant legal provisions for criminal facts, Article 232-2 of the Criminal Act for the selection of punishment (such as private electronic records), Articles 234 and 232-2 of the Criminal Act (which means the exercise of electronic records) and Article 37 Subparag. 10 (which was amended by Act No. 14286, Dec. 2, 2016) of the former Resident Registration Act (which was amended by Act No. 14286, Dec. 2, 2016).