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(영문) 수원지방법원 안산지원 2016.11.16 2016고단3904
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On July 2016, the Defendant: (a) carried the victim B’s driver’s license that was far away from the route to the scambling area in Ansan-si, Ansan-si; and (b) carried his thought to have he had without following necessary procedures, such as driving the victim B’s license that was left behind the route; and (c) returning it to the victim.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On September 5, 2016, the Defendant: (a) received an investigation from a police station in the Ansan-gu Police Station located in Ansan-gu, 10 (Sadong) on the charge of injury; (b) submitted B’s driver’s license obtained as above to the police officer; and (c) completed the investigation as B.

Accordingly, the Defendant denied B’s driver’s license, which is an official document.

3. Violation of the Resident Registration Act.

A. On September 5, 2016, the Defendant, at around 11:40, notified the police in charge of B’s resident registration number (C) while being investigated into the criminal charge of an injury in the information station located in Ansan-gu, Ansan-gu, 10 (Sadong) and the criminal charge of the information station located in Ansan-gu, Ansan-gu, 2016.

Accordingly, the defendant used the resident registration number B illegally.

B. At around 13:00 on September 5, 2016, the Defendant revealed that the police in charge was not B due to the police in the above place, and at the same time, notified D’s resident registration number (E) known to the general public while doing so.

Accordingly, the defendant used D's resident registration number unlawfully.

4. On September 5, 2016, the Defendant: (a) informed the police officer of D’s personal information at the above place; (b) provided a written confirmation, a voluntary submission, and a written renunciation of ownership, and signed D’s signature, which was written by the police officer under D’s name.

Accordingly, for the purpose of exercising, the Defendant forged a letter of confirmation, a voluntary submission, and a letter of renunciation of ownership, which are private documents related to a certificate of fact.

5. The Defendant is at the time and place specified in paragraph (4).

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