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(영문) 광주지방법원 해남지원 2021.02.18 2020고단369
공문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2019, the Defendant: (a) was a person operating a transportation company B; (b) was requested by the Party E to purchase the number plate for the trucking vehicle on behalf of the Party E to substantially operate the “D” around September 2019.

The Defendant, who had previously been kept in custody in order to urge E to purchase the number plates for business use, set up the public notice of the transfer and receipt of the entire general trucking transport business (e.g., e., e., e., e., Dok-si) and displayed E as if he purchased ten number plates. On April 20, 2020, the Defendant, at the B office operated by the Defendant located in the Seoul Northern-gu, Gwangju Northern-gu, by using a computer, set up a vehicle registration number, the name of the car, and the chassis number in the lower part of the file using the computer, and entered the vehicle registration number, the name of the car, and the chassis number at the bottom.

On the following day, the Defendant: (a) printed out a new official document (e.g., the transfer authority: (b) the notice of partial transfer or acquisition of a part of the ordinary trucking transport business (e.g., the notice of partial transfer or acquisition of a trucking transport business) prepared by using a freeter; and (c) delivered the document to C as if it was a document prepared in a genuine manner.

Accordingly, the Defendant forged and held official documents in the name of the State Mayor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G, E, and C;

1. Notification of the transfer and receipt of all the generalized goods and the transportation business;

1. Application of Acts and subordinate statutes to notify the receipt and acceptance of partial transfer of the generalized goods and the transportation business;

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);

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 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of punishment recommended according to the sentencing criteria.

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