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(영문) 울산지방법원 2019.11.26 2019고정672
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

On November 2018, the Defendant reported that “A” posted on B (one year and six months imprisonment on May 16, 2019) “A may obtain a driver’s license without viewing a test.” On November 21, 2018, the Defendant requested B to manufacture a driver’s license under the name of the Defendant, even though there was no fact that B obtained a driver’s license in Vietnam by communicating B around November 21, 2018. The Defendant received a driver’s license under the name of the Defendant in the name of the Vietnam traffic station.

On December 21, 2018, the Defendant submitted a forged driver’s license certificate to a public official in charge of issuing a foreign driver’s license under the name of the Defendant, along with an application, etc. for the exchange of a driver’s license, and received a domestic driver’s license after submitting it to the public official in charge of issuing a foreign driver’s license, who is aware of the forgery.

Accordingly, the defendant, in collusion with B and persons in poor name, forged one driver's license in the name of the Vietnam Transportation Bureau, which is a private document on the proof of facts for the purpose of exercising, and exercised it, and interfered with the legitimate execution of duties of the public official who issued the driver's license by fraudulent means

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a document prepared for the exchange of driver's license and a photograph of seized articles;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to related cases, court rulings, etc.);

1. Relevant Article of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 137 and 30 of the Criminal Act, the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 48 (1) 2 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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