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(영문) 서울동부지방법원 2018.01.16 2017고정1486
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant who forged a private document is a Dbe-be cruise vehicle (hereinafter “instant vehicle”) under the name of the victim C.

In this regard, I tried to cancel the suspension of operation without authority.

On September 30, 2016, the defendant prepared a power of attorney at the office of Yangyang-gun located in the front of the Gyeonggi-gu Office of Gyeonggi-gu, the defendant stated "C" in the owner and the delegating person column, "D" in the vehicle registration number column, "E" in the citizen number column, "E" in the resident number column, address and contact number column.

Accordingly, the defendant forged a letter of delegation in the name of C, a private document on the duty of rights.

2. In the event of the above investigation document, the letter of delegation forged as above 1. Paragraph 1. of the above investigation document was presented to the transport of the office in Gyeyang-gun and the registration team officials of the vehicle who are aware of the fact that it was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A request to cancel the suspension of operation;

1. Application of the Act and subordinate statutes to a criminal investigation report (the attachment of a CD to a criminal suspect, a record file of a meeting other than the case);

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. 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. The fact that there is no record of criminal punishment against the defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, and that the damage caused by the instant crime continues and the injured person demands a strict punishment against the defendant, etc., considering the sentencing conditions set forth in the instant trial, it does not seem that the amount of fine set forth in the summary order is excessive even if considering the sentencing conditions set forth in the instant trial.

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