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(영문) 대전지방법원 천안지원 2018.03.13 2018고정74
사문서위조등
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

While the Defendant was proceeding with C that purchased three used vehicles, including BMW3 GT vehicles, from the Defendant, to file a lawsuit for the payment of vehicle price, the Defendant, instead of the said BM3 GT vehicle transfer certificate prepared in the name of D around April 4, 2016, issued a new automobile transfer certificate in the name of D and submitted it to the court.

1. On November 14, 2016, the Defendant forged a private document: (a) at the Defendant’s office located in the Nam-gu, Nam-gu, Nam-gu, Seoul, by means of a vehicle transfer certificate form, entered “D” in the column of the contracting party’s transferor; (b) signed it next to that; (c) unlike the existing certificate, the Defendant purchased “D” with a non-accidentd vehicle in the column of the special agreement without stating any special terms and conditions agreed with the victim and without entering “38 million won” in the column of the transaction amount.

Accordingly, the Defendant forged a copy of a motor vehicle transfer certificate, which is a private document on rights, obligations, or proof of fact.

2. On December 16, 2016, the Defendant exercised the above investigation document as if he had duly completed the certificate of transfer of a forged motor vehicle as described in paragraph (1) at the Daejeon District Court, Daejeon District Court, Daejeon District Court, Daejeon District Court, 17-No. 7-ro, Nam-gu, Chungcheongnam-gu, Daejeon District Court’s 17-ro, Seoul District Court’s 17-ro, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D;

1. Application of this Act and subordinate statutes after a copy of each motor vehicle transfer certificate, a Kakao Stockholm conversation course course;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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