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(영문) 광주지방법원 2013.12.17 2013고정1726
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 9, 2013, the Defendant forged private document: (a) on the E office located in Seo-gu Seoul Metropolitan City, Seo-gu, Seoul Special Metropolitan City, “F” in the transfer column for the paper for the certificate of car driving, “G” in the vehicle registration number column, and “14,50,000,000 in the purchase amount column; and (b) on the part of the F’s name printed on the paper for the certificate of car transfer.

Accordingly, for the purpose of uttering, the Defendant forged a motor vehicle transfer certificate in the name of F, a private document on rights and obligations.

2. On April 10, 2010, the Defendant: (a) submitted a copy of a forged vehicle transfer certificate to a public official in charge of vehicle registration who is aware of the forgery at the vice office of the vehicle registration office located in the Dong-dong, Seo-gu, Gwangju Metropolitan City, as described in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Partial statement of the witness J;

1. Certificate of automobile transfer;

1. Application of the register of automobiles statutes

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, and the selection of punishment for each punishment;

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

1. As to the issue of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and his defense counsel asserted that they were delegated the authority to prepare a certificate of vehicle transfer by fulfilling all the vehicle sales contract. However, even after the Defendant met H, I, the seller on April 9, 2013, the Defendant: (a) delivered the deposit account of vehicle purchase price in the order of his/her name in boxes, J, K, and Defendant; (b) transferred the deposit account in the order of his/her name in return; (c) there is a big difference between the sale price presented by the seller and the purchase price agreed between the seller and the Defendant.

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