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(영문) 서울중앙지방법원 2017.10.26 2017고정1249
공문서부정행사등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 2015, the Defendant: (a) obtained a driver’s license for a motor vehicle owned by the victim B, which was lost by the victim in a entertainment room near the Hacheon-si, Hacheon-si; and

The defendant did not clarify the necessary procedures, such as returning the above acquired property to the victim, but did so.

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

2. On May 31, 2016, the Defendant was asked to verify whether he/she had a driver’s license, who is an employee of the fenced in Seongdong-gu Seoul Metropolitan Government, to lease a car in Drenk located in Seongdong-gu Seoul Metropolitan Government.

The Defendant, as described in paragraph 1, presented that he completed the driver's license of the vehicle B in the name of the Seoul Regional Police Agency, which was possessed as an embezzlement of deserting possession, as stated in paragraph 1, as if the Defendant was the driver's license of the vehicle of the Defendant, thereby denying the official document.

3. On May 31, 2016, around 16:00, the Defendant entered “B” in the vehicle lease agreement form in Seongdong-gu Seoul Metropolitan Government, “B,” “F” in the resident number column, “F” in the resident number column, “F:00” in the date of shipment, and “B” in the name of the lessee and the confirmation column after entering “B” in the vehicle lease agreement form located in Seongdong-gu Seoul Metropolitan Government.

Accordingly, the Defendant forged one copy of the vehicle lease contract in the name of private document B, which is a private document on rights and obligations.

4. The Defendant, at the time and place specified in paragraph 3, exercised the instant investigation document as if it were a document duly formed with a forged vehicle lease agreement, as described in paragraph 3, to E, who is an employee of the said rental car company, who is aware of the forgery.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Protocol B of the police statement with regard to B

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