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(영문) 대구지방법원 2016.11.04 2016고단3338
사기
Text

Defendant

A, B, and C shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for three years.

Reasons

Punishment of the crime

[Criminal Power] On December 18, 2015, Defendant A was sentenced to one year of imprisonment with prison labor for violating the National Sports Promotion Act (Gambling, etc.) at the Daegu District Court and two years of suspended execution, and the judgment became final and conclusive on December 29, 2015.

Defendant

D On December 19, 2013, the Daegu District Court sentenced 1 year and 6 months of imprisonment for fraud and 2 years of suspended execution, which became final and conclusive on December 27, 2013.

[2016 Highest 223]

1. At around 06:50 on April 10, 2016, Defendant C driven a Nfriendly-free vehicle under the influence of alcohol concentration of 0.062%, without obtaining a driver’s license, at a section of about 50 meters from the front of a cafeteria located in the Seocho-gu Seoul Metropolitan Gyeyang-dong to the front of the Seoul Seocho-gu M& building, and at around 0.062% under the influence of alcohol concentration.

2. Defendant C, as stated in paragraph (1) above, was found to have been guilty of driving under influence of alcohol and driving without a license, with intent to avoid punishment by stealing the name of friendlyO.

Defendant

C On April 10, 2016, around 07:55, at the Qfers located in Seocho-gu Seoul Metropolitan Government P, the Qfers entered “O” in the column of the driver’s name by using a black camera on the respective forms of the “main driver’s statement”, “voluntary consent to conduct”, and “a written statement of sound driving”, and signed O on the name side of the driver’s name. The “a written investigation process confirmation” and “a written confirmation to collect blood from a drinking driver” were written on the respective forms of the “written confirmation to verify” and signed O on the name side.

As a result, Defendant C forged the “Report on the Statement on the Statement of the State Drivers,” which is a private document related to rights and duties, one copy of the “Voluntary Statement of the State Drivers,” one copy of the “A Voluntary Statement of the State Driving,” one copy of the “A Certificates of Investigation Process,” and one copy of the “A Certificate of Blood Collection of the State Drivers,” respectively.

3. On April 10, 2016, Defendant C’s uttering of the above investigation document is forged at the Qtation located in Seocho-gu Seoul Metropolitan Government P, around 08:15.

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