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(영문) 광주지방법원 목포지원 2018.01.09 2017고정404
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[Criminal record] On May 12, 2017, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud in the Gwangju District Court’s Branch Branch for the purpose of fraud, and the judgment became final and conclusive on May 20, 2017.

[Criminal facts]

1. On January 13, 2016, the Defendant forged private documents: (a) at the Defendant’s office located in Yong-gun, Yong-gun; and (b) notwithstanding the fact that the Defendant was delegated by D with the right to sell the E-si shares of the E-si, the Defendant entered D’s name column, “F,” “G” in the resident registration number column, “G” in the phone number column, and “D” in the transferor’s address column; and (c) held in advance “D” name in the transferor’s column.

D his seal has been affixed.

Accordingly, for the purpose of exercising, the Defendant forged a copy of a motor vehicle transfer certificate in the name of D, a private document related to rights and obligations.

2. At the time and place specified in paragraph 1, the Defendant: (a) issued a forged motor vehicle transfer certificate to I who was aware of the forgery; and (b) exercised the said certificate as if it had been duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or I;

1. A criminal investigation report (Submission of suspect data);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), text of judgment, and inquiry of case;

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;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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