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(영문) 의정부지방법원 2018.10.17 2018고정718
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

On February 21, 2018, the Defendant was sentenced to four months of imprisonment and one year and two months of imprisonment at the District Court for fraud, etc., and the judgment became final and conclusive on August 1, 2018.

1. On August 2015, the Defendant: (a) purchased a private document from D with CK7 car, which is owned by B around August 2015; (b) obtained B’s certificate of seal impression, etc.; (c) did not have obtained permission to establish a right to collateral security for the said car.

Nevertheless, on August 27, 2015, the Defendant entered the title “B” into the “B” column of the “B” and the “B” column of the “B” for the purpose of exercising the credit in the “B” office located in the “B” office in Gyeonggi-gun E-si, and printed out the title to the “B” and affixed a new seal to B’s name and affixed a new seal to the agent column of the document printed out in advance as the power of attorney, and affixed a new seal to the name next to the name.

Accordingly, the defendant, for the purpose of exercising rights and obligations, has set up a private car mortgage agreement and power of attorney, respectively.

2. On November 16, 2015, the Defendant: (a) submitted a forged mortgage creation agreement and a proxy form to a public official who was unaware of the forged facts in the Gwangjin-gu Seoul Special Metropolitan City’s Transport System; and (b) exercised the forged private document for the establishment of a mortgage on the said car.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. A protocol concerning the examination of suspects of D by the prosecution;

1. A protocol concerning the examination of each police officer in relation to B or D;

1. Statement made by the police against B;

1. B accusation;

1. Previous conviction in judgment: Application of a written inquiry about criminal history (A) and 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 (the point of uttering of the above investigation document), and the selection of fines, respectively;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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