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(영문) 부산지방법원 2014.04.21 2013고정4400
공문서부정행사등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 201, 201, the Defendant found one welfare card issued by the head of the Busan Northern Gu, which was lost by the victim B within the subway train of 1 Busan from the beginning of June 201, and embezzled it with the Defendant’s thought to have.

2. On December 25, 201, at around 21:30 on December 25, 201, the Defendant, at the Busan National Police Agency’s 21:0, the Defendant, who was in possession of an official document, presented the welfare card for B, which was an official document issued by the head of the Busan National Police Agency, and presented it as a welfare card for the Defendant, in order to conceal the fact that he was asked to produce identification cards, and the Defendant was in possession of an official document for the same reason as described in paragraph (1) in order to conceal the fact of receipt due to the default of fines.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 230 of the Criminal Act, the choice of punishment for the crime, Article 230 of the Criminal Act, Article 360 (1) of the Criminal Act (the occupation of embezzlement of stolen articles), and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 333(1) of the Criminal Procedure Act for the Return of Victims;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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