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(영문) 서울중앙지방법원 2020.07.22 2020고단871
공문서위조등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 27, 2015, the Defendant was sentenced to a suspended sentence of four months for embezzlement by the District Court of the Republic of Korea on April 27, 2015, and the judgment became final and conclusive on November 4, 2015.

【Criminal Facts】

1. On March 11, 2010, the fraud Defendant sold the Seocho-gu Seoul Metropolitan Government C Building D, and the victim B with the EMW520i vehicle, and made a false statement that “on payment of the contract amount of KRW 20 million, the vehicle will be delivered, and on payment of the balance of KRW 22.5 million, the vehicle ownership will be immediately transferred.”

However, the above vehicle was leased vehicle owned by FF Co., Ltd., and the defendant did not notify the victim of the fact that the above vehicle is a leased vehicle, and did so as to sell the general vehicle. Even if the victim received the down payment and the balance from the victim, the victim did not have any intention or ability to transfer the ownership of the above vehicle.

As above, the Defendant, by deceiving the victim, received the total sum of KRW 20 million from the victim, on March 11, 2010, and KRW 22.5 million from May 14, 201, respectively, and received KRW 42.5 million from the victim.

2. On June 1, 2010, the Defendant forged public document documents: (a) in the above C Building D, cans the registration certificate of the above vehicle, stored the cans file in the computer; (b) put them into the column for the place of use of the registration certificate using editing function, “B” in the owner column, “H”, “H” in the resident registration number column, “B” in the address column, “B”, “B” in the address column, and “01 June 00” in the date of preparation, respectively; and (c) put in another registration certificate can file in the name and seal file of the excessive market, and then put them into the part for the preparation of the file of the registration certificate cans of the above vehicle, and output it.

Accordingly, for the purpose of exercising, the Defendant forged the registration certificate of B in the name of the Overcheon Market.

3. The defendant shall exhibit forged official documents;

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