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(영문) 수원지방법원 2016.07.22 2015고단6056 (1)
사문서위조등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 9, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for four months at the Incheon District Court for fraud, and the judgment became final and conclusive around August 27, 2015.

Defendant, together with C, was found and possessed by the Defendant.

D's intention to lend a vehicle using the D's driver's license.

1. On March 8, 2015, the Defendant, along with C, signed D’s name on the lessee’s name column of the vehicle lease agreement with the staff who is not aware of the name of the Defendant at the vicinity of the Bhutan road near Pyeongtaek-dong, Pyeongtaek-si, and the name of the Defendant’s work at “Erenk”, while entering into a lease agreement for F K 5 automobiles. C’s signature on the vehicle lease agreement using a yellow-type pent, and then, D’s signature on the next side, the said vehicle lease agreement was duly concluded with a staff who could not know the above name of the Defendant who was aware of the forgery.

Accordingly, the Defendant, in collusion with C, forged one copy of the vehicle lease contract in the name of D, a private document on rights and obligations for the purpose of uttering, and exercised it.

2. The Defendant, along with C, presented the following as follows: (a) the Defendant, at the time and place specified in paragraph 1, demanded a driver to produce the driver’s license; (b) the Defendant, who was in possession, presented the driver’s license to C; and (c) as if he was the driver’s license.

The defendant, in collusion with C, exercised D's driver's license, which is an official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning C in a protocol concerning the examination of suspect of the police;

1. Statement made in the police statement protocol with D;

1. To enter into and present a lease agreement on vehicles;

1. Previous convictions: Application of each of the Acts and subordinate statutes stated in a reply to inquiry, such as criminal history (A), investigation report (the latter concurrent judgment of Article 37)

1. Article 231 of the Criminal Act (the point of Article 231 of the Private Document) and Article 234 of the Criminal Act concerning criminal facts.

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