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(영문) 대구지방법원 2013.04.10 2013고정131
사문서위조등
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person who runs a used car sales business under the trade name of Daegu Suwon-gu B.

The Defendant, through the Internet site, intended to purchase the D NAS car, which is C owned by the Defendant, obtained the money by deceiving the vehicle from the non-merchants, and instead, did not pay the vehicle price to C with the vehicle registration certificate in the name of C, and the certificate of personal seal impression, and did not move the said vehicle in the name of B.

On September 13, 2012, at around 11:00, the Defendant stated “C and Daegu Metropolitan City EB 603,” as “A” and affixed C’s seal which was voluntarily created on the back of the name, and stated “C” in the lower part of the certificate as “C,” and forged one copy of the certificate of automobile transfer in the name of C, which is a private document on rights and duties, for the purpose of carrying the said seal again affixed on the back, at the vehicle registration office located in Suwon-gu, Daegu-gu, and exercised it by issuing the false certificate of automobile transfer to a public official in charge of false name, who is unaware of the fact of forgery at the vehicle registration office located in the above B office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Automobile register;

1. Application of Acts and subordinate statutes of a motor vehicle transfer certificate;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

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

1. A fine of 700,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (in cases of conversion of KRW 50,000 per day) into a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2007Da1548, Apr. 2, 2007);

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