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(영문) 수원지방법원 여주지원 2017.05.02 2017고단278
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 6, 2014, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon Flag Flag, and completed the execution of the sentence on July 25, 2016. On November 29, 2016, the Defendant was sentenced to eight months of imprisonment for a crime of fraud in the Suwon Flag Flag, and the judgment became final and conclusive on April 10, 2017.

[Criminal facts]

1. On September 25, 2016, the Defendant acquired C’s driver’s license in the name of the victim C, which was lost, on a route near the Jungdong-dong Market in Seoul, Jungdong-dong.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. The Defendant, at around 04:00 on September 28, 2016, obtained a driver’s license as provided in paragraph (1) from the Yaco’s office located in Seocho-gu Seoul Seocho-gu Seoul Seocho-gu, Seoul, for the purpose of borrowing a siren from 36, and obtaining a driver’s license confirmation from D.

C The Seoul Regional Police Agency issued a driver's license in the name of Seoul Regional Police Agency, presented it to D as if he/she was his/her driver's license, and illegally displayed official documents

3. The Defendant, who forged a private document or carried the above-mentioned document, was unable to cover a car without obtaining a driver’s license, using a driver’s license in the name of C acquired as stated in paragraph (1).

The Defendant stated “C” in the column of the lessee of the vehicle lease agreement entered as the name “K5”, the vehicle number “E”, the lessee “C, etc. for the purpose of exercising, at the time and time, and at the location of the Defendant.

As such, the Defendant forged one copy of the vehicle lease contract in the name of C, which is a private document on the rights and obligations, and around that time, issued the forged vehicle lease contract to D, who is an employee in charge of the said rental car Co., Ltd., who is aware of the fact that the contract was duly formed.

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