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(영문) 춘천지방법원 2014.11.20 2014고정439
사문서위조등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the president of the company B and is the father of the complainant.

1. On November 27, 2013, the delegating person of the power of attorney, as if he obtained the consent of the complainant C, to exercise the vehicle under his name as a bad credit holder at the registration office of Chuncheon-dong-ro 49-6, Chuncheon-si, Chuncheon-si, Chuncheon-si, with the intention of exercising the vehicle under his name as a bad credit holder, was forged by arbitrarily affixing his seal to the name of “C” on each applicant column of the certificate of receipt of acquisition tax return and the certificate of completion of purchase of regional development bonds.

2. As above, a forged document was submitted to an employee who is not aware of its circumstances at the above location and was used by transferring the vehicle in the name of the complainant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written consent;

1. Proxy letter;

1. Certificate of automobile transfer;

1. A certificate of receipt of acquisition tax return;

1. Purchase certificate of regional development bonds;

1. Application of the statutes governing applications for registration of transfer;

1. Article 231 of the Criminal Act as to the facts constituting an offense, Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

1. Selection of each alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is determined by taking into account various circumstances such as the failure to reach an agreement on the grounds for sentencing, and is so decided as per Disposition.

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