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(영문) 대전지방법원 천안지원 2019.05.23 2018고정907
사문서위조등
Text

Defendant shall be punished by a fine of KRW 80,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is an employee of the branch, who was at the end of November 2017, received a notice of a fine for negligence that C vehicles managed by the said branch were controlled by speed violations around 19:39 on October 27, 2017. On October 27, 2017, the Defendant tried to avoid the obligation to pay the fine by forging the vehicle rental contract as of October 27, 2017 in the name of the customer D who lent the said vehicle at around 2016.

1. From the end of November 2017, the Defendant forged a copy of the vehicle rental contract in the name of D, a private document document in the name of “C”, “D”, “F”, “H”, “H” in the cell phone column of Daejeon Metropolitan City, “B” in the cell phone column of Daejeon Metropolitan City, and “D” in the lessee’s name and address column without authority for the purpose of exercising the right and duty at a point located in Seo-gu E and 3 floor, Seo-gu, Seocheon-gu, Seocheon-gu, and the lessee’s name, and then signed “D” in the lessee’s name.

2. At the same time as set forth in paragraph 1, the Defendant exercised the “vehicle Lending Contract under the above-mentioned name of D” at the J headquarters located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si, and the head office accounting office that could not know such forgery, as if it were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Access to unmanned control data management screen;

1. A report on investigation (verification of the current status of D expropriation) and one copy of the current status of expropriation for each individual;

1. Entry of the vehicle rental contract and application of the existing Acts and subordinate statutes;

1. Article 231 of the Criminal Act and Articles 234 (Selection of Fine for Negligence)

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to recognize and reflect the defendant's mistake, and there is no record of punishment for the same crime, and there are some circumstances to consider the circumstances of the crime in this case.

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