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(영문) 광주지방법원 2013.04.12 2012고단6911
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 2012, the Defendant: (a) obtained one driver’s license for a motor vehicle lost by a victim C, who was carded in the side of a public telephone in front of the Gwangju Mine-gu, as the first policeman.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. Illegal uttering of official documents;

A. On July 2, 2012, around 15:00, the Defendant was demanded to present a driver’s license from the employee F while renting the E-ro car at the Seo-gu Drenk Office in Gwangju, Seo-gu.

The Defendant, as seen above, sent a copy of the driver’s license to C in the name of the Commissioner of the Jeonnam Police Agency, which was an official document acquired and carried, and exercised the official document unlawfully by facsimile as the Defendant’s driver’s license.

B. On July 4, 2012, around 01:40, the Defendant was demanded to present a driver’s license from the Gwangju Mine Police Station Assistant Assistant H in the direction of the traffic safety department in the Gwangju Mine-gu Council.

The Defendant, as seen above, presented C’s driver’s license under the name of the Commissioner of the Jeonnam Police Agency, which was an official document acquired and carried, and illegally exercised the official document by presenting it as if it were the Defendant’s driver’s license.

3. Private signature, forgery, and uttering of a false investigation or signature;

A. The defendant 2-B

At the time and place stated in the port, the driver's signature confirmation column prepared by the driver's assistant H of the Safety Department of the Gwangju Mine Police Station entered the "C" in the situation statement report prepared by the driver's signature confirmation column and affixed the seal.

As a result, the Defendant forged C’s signature in the G’s circumstantial statement report for the purpose of exercising the right, and then delivers the C’s circumstantial statement report to a slope H, which includes the above forged signature, as if it were the signature duly formed.

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