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(영문) 서울중앙지방법원 2017.11.10 2016고단4965
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On June 25, 2016, the Defendant: (a) drive a DNA car owned by the Hyundai Capital Co., Ltd., Ltd., which issued an order to suspend operation, around 17:00, in the vicinity of the Sucheon-ro 98, Seocheon-si; (b) was discovered by a police officer and was investigated; and (c) was able to commit as if the Defendant was the birth of the Defendant for hiding the fact that he was able to receive a fine due to the unpaid payment, etc.

1. On June 25, 2016, the Defendant: (a) prepared a written statement with respect to the operation of the said passenger vehicle at the Yacheon-si Police Station G (F) on June 17:12, 2016; (b) written E’s personal information and written E’s signature; and (c) delivered the written statement to H, a police officer affiliated with the said police box, who knew of the forgery.

Accordingly, for the purpose of exercising the right, the Defendant forged the E’s statement, and exercised it.

2. The Defendant: (a) prepared a written statement at the time and place specified in paragraph (1) at the time and place; and (b) written the signature of “E” in the column for confirmation of the document confirming the investigation process; (c) issued the signature to H, a police officer affiliated with the said box, who knew of the forgery, as if it was duly formed.

Accordingly, the Defendant forged the E signature of the investigative process confirmation document and exercised it for the purpose of exercising it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police interrogation protocol regarding E (including the part concerning H's statement);

1. Entry in the original register of automobile registration;

1. Written statements, written confirmation of the investigation process and the application of the existing Acts and subordinate statutes;

1. Article 231 of the Criminal Act applicable to the crime and Article 231 of the choice of punishment (the above Article of private document, the choice of imprisonment), Articles 234, 231 of the Criminal Act (the use of a forged private document and the choice of imprisonment), Article 239(1) of the Criminal Act (the use of a falsified private document) and Articles 239(2) and 239(1) of the Criminal Act (the use of a falsified signature).

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