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(영문) 대법원 2016.04.29 2015도1413
공기호위조
Text

The judgment below is reversed, and the case is remanded to the Daejeon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. According to Article 238(1) of the Criminal Act, in a case where a motor vehicle registration number plate, which is an air, is forged for the purpose of exercising the right, the crime of forging the public sign is established. The term “purpose of exercising” refers to the purpose of using a forged motor vehicle registration number plate as if it were genuine.

In addition, the term "purpose of using forged vehicle registration number plates in accordance with its usage" refers to the operation of a forged vehicle registration number plates by attaching them to a motor vehicle so that the general public may cause mistake as to the identity of the motor vehicle (see, e.g., Supreme Court Decision 96Do3319, Jul. 8, 1997). 2. According to the evidence duly adopted and investigated by the court below, the following facts and circumstances are revealed.

A. On January 25, 2013, the Defendant lost the registration number plate of the instant cargo vehicle while towing the instant cargo vehicle to an industrial company of the Defendant’s operation by towing vehicles, which was entrusted by E with repair of the F Track Cargo Vehicles (hereinafter “instant truck”).

B. After hearing the aforementioned circumstances from the Defendant, E tried to use the instant cargo vehicle for the purpose of clerging at a fixed place, since it is possible to use the instant cargo vehicle because the instant cargo vehicle was left the frame, but it was possible to use it for the clerg at a fixed place, so it was intended to use the instant cargo vehicle as a substitute for the vehicle to use the instant cargo vehicle instead of giving up repair, and it is required to have a registration number plate even if it was used for the vehicle for the vehicle to use in the warehouse, and requested the Defendant to search

(c)

The Defendant did not find a lost registration number plate, and transferred the instant cargo vehicle to an enterprise with low estimate from E in the situation where the Defendant did not apply for a re-issuance of the registration number plate due to the difference between the actual borrower and the owner of the registry of the instant truck.

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