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(영문) 의정부지방법원 2012.05.31 2010고정2541
사문서위조등
Text

Defendant shall be punished by a fine of five 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 February 4, 2010, the Defendant forged private document, using a computer and an authorized-type pen in D offices located in Spocheon-si C, stating that “A motor vehicle management business is transferred to the assignee all of the operating rights, such as obligations, rights, etc. concerning the operation of motor vehicle transaction business, D’s representative E transfers all of the management rights, such as obligations, rights, etc. for the operation of the motor vehicle transaction business.” After being marked on February 4, 2010, the transferor’s name E, address E, C, and resident registration number F, he/she has affixed the E seal in advance attached to

Accordingly, for the purpose of exercising, the Defendant forged one copy of the transfer/acquisition contract of automobile management business in the name of E, a private document on rights and duties.

2. The Defendant: (a) reported the transfer/acquisition of a motor vehicle management business to a staff-in-charge who is aware of the forgery in the Macheon-si Office of Macheon-si around that time; (b) delivered the forged motor vehicle management business contract as if it was duly formed; and (c) exercised it.

Summary of Evidence

1. Witnesses G and E respective legal statements;

1. Each part of the protocol of examination of the accused by the prosecution against the accused (including the substitute part);

1. Some statements in each police interrogation protocol against the accused (including the part E, G, and G among each interrogation protocol of the suspect suspect interrogation protocol of the second and fourth times, and the third interrogation protocol of the accused);

1. Each police statement of E and G;

1. Statement of transfer or acquisition of motor vehicle management business or contract of transfer or transfer of motor vehicle management business;

1. Application of Acts and subordinate statutes on investigation reporting;

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 for each crime;

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

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

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