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(영문) 춘천지방법원 영월지원 2016.01.29 2016고정7
공문서부정행사
Text

Defendants shall be punished by a fine of three million won.

If the Defendants did not pay the above fine, it shall be prohibited.

Reasons

Punishment of the crime

1. On November 18, 2015, Defendant A was required to present an identification card to enter a casino at around KRW 10:00, at around KRW 10:00, the D casino identity search stand in C, which is located in Gangwon-gun, a security personnel E.

Accordingly, the defendant presented to E the driver's license of B issued by the Director General of the Gangwon-do National Police Agency, which he borrowed from B, as his identification witness.

Accordingly, the defendant used the driver's license as an official document unlawfully.

2. Defendant B

A. On November 17, 2015, the Defendant: (a) received a request from the branch Party A to lend his/her identification card to A for the purpose of having access to a D casino; (b) issued the Defendant’s driver’s license in his/her possession to A; and (c) prevented him/her from using it as described in paragraph (1).

B. On November 18, 2015, at around 10:30 on November 18, 2015, the Defendant was required to present an identification card to enter a casino by a security personnel G, at a casino identity search stand in the Gangwon-do Station C.

Accordingly, the defendant presented G with the driver's license issued by the Commissioner General of the Gangwon-do Police Agency, which borrowed from H, as his/her identification witness.

Accordingly, the defendant used the driver's license as an official document unlawfully.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes on seizure records;

1. Defendant A of the pertinent Article of the Criminal Act concerning the crime: Article 230 of the Criminal Act; Article 230 of the Criminal Act; Article 32 (1) of the Criminal Act

1. Defendant B who is eligible for mitigation: Article 32(2) and Article 55(1)3 of the Criminal Act (see, e.g., Decision 2-A)

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

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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