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(영문) 창원지방법원 2016.02.17 2015고정1313
사문서위조등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person working as an employee in B.

The Defendant, upon receipt of a request from the victim C to transfer D (BM530) cars (hereinafter referred to as “the instant automobiles”) purchased by the victim C, registered the ownership on September 29, 201. However, the Defendant, on the ground that the victim did not transfer the name but did not impose fines for negligence in the future, etc., in the name of the victim for the transfer of ownership.

1. On July 28, 2015, the Defendant forged a private document: “C”, “F building 401, Busan East-gu F building 401, car registration number” D, “BM 530,000 won”, “BM 3,00,00 won”, and then printed out and sealed the victim’s seal newly produced “C”.

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

2. On July 31, 2015, the Defendant: (a) submitted a false motor vehicle transfer certificate to a public official in charge who is not aware of the forgery at the registration office of Kimhae-dong, Kim Jong-dong, Kim Jong-dong; and (b) exercised the said certificate by having the owner registered in the name of the victim on the same day.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police against C;

1. Application of statutes on a copy of 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;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Fine of 500,000 won to be suspended; and

4. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.

5. Article 59(1) of the Criminal Act of the suspended sentence (the defendant commits the same kind of crime);

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