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(영문) 대전지방법원 서산지원 2018.04.12 2017고단471
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Illegal events of official documents;

A. On February 2, 2017, the Defendant: (a) borrowed sirens from D offices located in Seosan-si C around 09:00 on February 2, 2017; (b) was demanded to present identification cards from E; (c) was presented as Defendant’s driver’s license after completing the F-Class 2 ordinary driver’s license under the name of the Commissioner General of Chungcheongnam-nam National Police Agency, an official document in his/her possession.

Accordingly, the defendant did not use official documents.

B. On February 5, 2017, the Defendant: (a) borrowed sirens from around 10:30 on February 5, 2017 at the same place as indicated in paragraph (a) around 10:30 on February 5, 2017; (b) demanded to present the identification card from E; and (c) presented F’s class 2 ordinary driving license under the name of the Commissioner General of the Chungcheongnam-nam National Police Agency, a public document in possession, as if the Defendant was the Defendant’s driver’s license.

Accordingly, the defendant did not use official documents.

2. Forgery of private documents and the uttering of a falsified investigation document;

A. On February 2, 2017, the Defendant borrowed sirens from around 09:0 to around 09:00 at the same place as indicated in paragraph 1(a) on February 2, 2017, and made E enter “F’s name F, resident registration number G, number H, license number H, type 2 beams, present address Silsan City,” using a color pen on the vehicle lease contract paper. On February 2, 2017, the Defendant signed “F” in the signature column of the same site, and continued to read the forged vehicle lease contract to E, who is aware of the forgery.

For the purpose of uttering, the Defendant forged a copy of the vehicle lease contract in the name of F, a private document on rights and obligations, and exercised it.

B. On February 5, 2017, the Defendant borrowed sirens from around 10:30 around February 5, 2017 at the same place as indicated in paragraph 1(a) around 10:30, at the same time, and caused E to use a tampa on the paper of the vehicle lease contract by using the tamplving pen on the vehicle lease contract form “F, resident registration number F, G, number H, license number H, Class 2 beams, current address Silsan City I.”

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