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(영문) 인천지방법원 2013.09.27 2013고정2127
사문서위조등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant is a sear belonging to D within the Seo-gu Seoul Used Motor Vehicle Trading Complex in Incheon, Seo-gu.

On July 23, 2012, the Defendant purchased G Viewing Vehicle registered in the name of “F” in Seoul Special Metropolitan City, Gwanak-gu, for KRW 5,100,000, but did not make a transfer registration in the name of “D” to which the Defendant belongs.

On October 2, 2012, the Defendant: (a) sold the vehicle to J in accordance with I, a Hthurler; (b) around October 5, 2012, the Defendant: (c) required K to prepare a certificate of vehicle transfer to the transferor F and the transferee J; and (d) affixed arbitrarily a new F seal in its name.

Accordingly, for the purpose of uttering, the Defendant forged a motor vehicle transfer certificate in the name of F, a private document on rights and obligations.

2. On October 8, 2012, the Defendant: (a) at the Seo-gu Incheon Seo-gu Office of Transport and Office in Seo-gu Incheon, Seo-gu, Incheon, the Defendant had a public official, who could not know the forgery, submit one copy of the F-registered motor vehicle transfer certificate as if it was duly constituted.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and L;

1. Application of Acts and subordinate statutes to each automobile transfer certificate;

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, respectively;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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