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(영문) 부산지방법원 동부지원 2016.08.18 2016고정652
사문서위조등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On June 18, 2014, the Defendant accepted an application for the re-issuance of the registration certificate under the name C from an influence of the name C at the “place of business registered in Busan Metropolitan City” located in Gangseo-gu Busan Metropolitan City, Busan Metropolitan City, which is located in 10-61, for the re-issuance of the registration certificate under the name C, and used the “application for the re-issuance of the registration certificate” and “the power of attorney” in the name C arbitrarily.

Defendant 1 stated “C”, “D,” and “F” in the name column of the owner of the “application for re-issuance of the registration certificate” at the above date and place, respectively, in the “C”, the resident registration number column, and the “D” and the “F” in the vehicle column, respectively, and stated “C” and “D” in the name column of the delegating’s address in the letter of delegation. In the name column, the Defendant stated “Seoul Guro-gu E, 102 Dong 1902” and “C” and “D” respectively.

C’s painting was stamped.

Accordingly, for the purpose of exercising rights and duties, the Defendant applied for the re-issuance of a certificate of motor vehicle registration in the name of C, a private document, and one power of attorney respectively.

2. The Defendant, at the same time and at the same place as above, submitted an application for re-issuance of the certificate of registration of a forged motor vehicle and the power of attorney as if they were duly formed to employees in the name of the office registered in Busan Metropolitan City, Busan Metropolitan City, as if they were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of an application for re-issuance of motor vehicle registration certificate and a proxy copy;

1. Application of Acts and subordinate statutes to investigation reports (report on confirmation of documents submitted at the registered place of business);

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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