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(영문) 서울남부지방법원 2017.11.22 2017고정1257
사문서위조등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 7, 2016, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for violating the Automobile Management Act at the Daejeon District Court on December 7, 2016. The judgment became final and conclusive on June 2, 2017.

The Defendant lent KRW 9 million to B, and received a vehicle (D) in the name of the wife B as security, and the Defendant borrowed KRW 12.8 million from E, with the intention of providing a vehicle in the name of C as security without permission of B.

1. On July 2010, the Defendant forged private documents, when preparing a certificate of automobile transfer at the Defendant’s house located in the Seocho-gu F or 301, Daejeon Sung-gu, Daejeon, on July 201, the Defendant entered “D”, “A”, “C”, “G”, and “Seoul-gu Seoul Metropolitan Government H” in the name column of the resident registration number column in the car registration number column in the test color, model, and name column in the name column in the name of the vehicle registration number column, “A”, “C”, and “C”, and the name column of the address column in the Seo-gu, Daejeon. In advance, the Defendant kept a seal with which the trade name in the Seo-gu, Daejeon-gu, Daejeon is unknown.

C’s painting was sealed next to C’s name.

Accordingly, for the purpose of exercising, the Defendant forged a motor vehicle transfer certificate in the name of C, which is a private document on rights and obligations.

2. On July 2010, the Defendant: (a) transferred the vehicle under C in the name of E to be aware of the forgery; (b) issued a forged motor vehicle transfer certificate as if it were duly formed; and (c) exercised the said certificate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. A motor vehicle transfer certificate (C, I), a motor vehicle registration certificate, a ledger of motor vehicle registration, or an application for registration of transfer;

1. (A) the application of a written inquiry about criminal history;

1. Relevant Article 231 of the Criminal Act (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of private documents) and selection of fines for the crime;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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