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(영문) 인천지방법원 2016.10.07 2015고단7710
사서명위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Resident Registration Act shall unlawfully use another person's resident registration number;

Nevertheless, at around 16:37, July 4, 2015, the Defendant was issued a written notice of traffic penalty payment by stating to the police officer the resident registration number of the victim who had been going out of the past, as if he was G, in order to avoid the payment of unpaid traffic penalty, when the Defendant operated the D Otoba in the Damba Report and controlled it to F, a police officer E of the Incheon Seo-gu Police Station E and the police officer belonging to the police station, by driving the D Otoba in the Seo-gu Incheon Metropolitan City B.

Accordingly, the defendant used another person's resident registration number unlawfully.

2. The Defendant, at the above date, when and at the above place, controlled the violation of vehicular traffic as above, stated G resident registration number as if he was the said G.

The Defendant forged the above G’s signature without authority for the purpose of using the “G” on the digital signature column of the device, in which the F F, who was required to sign in the digital signature column of the device from the process of entering the above resident registration number into the traffic control PDA terminal, and used it on the same place by transmitting the notice of traffic penalty payment stating the forged G’s signature to the traffic police computer network.

Accordingly, the Defendant forged another person’s signature for the purpose of exercising the right, and used the forged signature as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement;

1. Application of the Acts and subordinate statutes to a notice of digital signature or a notice of penalty payment, driving a motor vehicle at the time of control;

1. Article 37 subparagraph 10 of the Resident Registration Act (the illegal use of another person's resident registration number, the choice of imprisonment), Article 239 (1) of the Criminal Act (the occupation of private signature) and Article 239 (2) and (1) of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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