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(영문) 수원지방법원 2016.04.08 2015고단6056
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 4, 2015, the Defendant was sentenced to six months of imprisonment with prison labor in Suwon District Court for a crime of false accusation, and the judgment became final and conclusive on November 12, 2015.

Defendant, together with C, was found to have been possessed by C.

D's intention to lend a vehicle using the D's driver's license.

1. On March 8, 2015, the Defendant, along with C, signed D’s name on the lessee’s name column of the vehicle lease agreement with the employees who were not aware of the name of the Defendant at around the 18:30 on the Bhutan road near Pyeongtaek-dong, Pyeongtaek-si, and who were not aware of the name of the Defendant’s work at “Eenek”, while entering into a lease agreement for FK5 automobiles. The Defendant entered D’s name in the lessee’s name column of the vehicle lease agreement with the black-type, and then signed D’s name on the next page of the forgery.

Accordingly, the Defendant, in collusion with C, forged a motor vehicle lease contract in the name of D, a private document on rights and obligations, and exercised it.

2. The Defendant, along with D, presented the following facts: (a) on the date and at the place specified in Paragraph (1); (b) on the receipt of a driver’s license from an employee who could not know the above name; (c) on the receipt of a driver’s license; and (d) on the Defendant, the Defendant presented the driver’s license as if he were the Defendant’s license.

As a result, the defendant, in collusion with D, exercised D's driver's license which is an official document.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning C in a protocol concerning the examination of suspect of the police;

1. Statement made in the police statement protocol with D;

1. Entry of a vehicle lease agreement and application of the existing Acts and subordinate statutes thereof;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 230 of the Criminal Act, Article 230 of the Criminal Act, and the choice of fines for each of the crimes;

1. The Criminal Act dealing with concurrent crimes;

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