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(영문) 서울동부지방법원 2016.06.14 2016고정972
사문서위조등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is an employee of A.S. car company in Seongdong-gu Seoul Metropolitan Government, which has a one-way car market 70 and C. A. 12, and is engaged in a used car sales business.

On July 29, 2015, the Defendant purchased Mas C from B and received delivery, but failed to obtain a certificate of seal imprint for the transfer of automobile registration, the Defendant forged the certificate of the transfer of automobile under B, and sentenced to the transfer of the name of the automobile registration.

1. Around November 3, 2015, the Defendant forged a private document: (a) stated “B” in the column for the “transfer” column of the paper for the certificate of vehicle transfer at the ASEAN’s commercial office; and (b) affixed the Defendant’s official seal in the column for signature or seal.

Accordingly, for the purpose of exercising, the Defendant forged a copy of the car transfer certificate in the name of B, which is a private document on rights and obligations.

2. On November 3, 2015, the Defendant: (a) filed an application for the registration of transfer of the said vehicle at the Seongdong-gu Seoul Sungdong Office located in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) submitted one copy of the certificate of transfer of the vehicle in the name-free title B, as if it were duly formed, to the employee in charge of the said false name.

Accordingly, the defendant exercised a forged private document.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes governing the automobile transfer certificate;

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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