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(영문) 대전지방법원 2021.03.16 2020고정1067
사문서위조등
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

The Defendant is the head of the Daejeon Seo-gu building B or the Daejeon Branch of the Daejeon District Office.

On May 19, 2020, the Defendant did not prepare a vehicle rental agreement and leased F K5 vehicles to E, but in around 09:40 on May 20, 2020, the Defendant attempted to arbitrarily prepare a vehicle rental agreement in the name of H, which was the fact that he visited the Daejeon Branch Office with E during a few years, despite the Defendant’s demand for a vehicle rental agreement from the Daejeon Seo-gu Seoul Metropolitan Government Office to regulate the violation of parking and stopping at around 09:40 on May 20, 2020, the Defendant demanded a vehicle rental agreement through the large-gu Seoul Metropolitan Government Office D head office.

On May 26, 2020, at the Daejeon Branch Office, the Defendant stated “D” as “F5”, “F”, “The lease period: from May 19, 2020 to May 20, 2020”, “H: (a) the name of a vehicle: He; (b) the resident registration number; (c) the resident registration number: J; (d) the current address; (c) the K building and Lho; and (d) the forged vehicle rental contract form, and submitted it to the public official in charge of the traffic and the public official in charge of the Taedong-gu, which could not be identified by sending it by facsimile to the head office of the Daejeon Branch Office.”

For the purpose of exercising the right, the Defendant forged and exercised one copy of the car rental contract which is a private document on the duty of others' rights without authority.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement H investigation report (not receiving from a witness E phone), agreement on lease of a vehicle, F lessee's request for change, and prior notification of crackdown on the violation of alcohol vehicles;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the punishment prescribed in the crime of conspiracy of the relevant investigation documents heavier than the quality of the crime);

1. Article 70 of the Criminal Act to attract a workhouse.

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