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광주지방법원 순천지원 2015.12.15 2015고단923

공문서변조등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On March 10, 2012, the Defendant altered official document: (a) at the (ju) Berne Pene Office located in Gwangju-si, the Defendant applied for a loan in the name D and changed the automobile rated output to “420/1,90ps,” and changed the rated output of the said vehicle into “420/1,90ps,” with the content of “380/1,900ps” in the “380/380/1,900ps of the copy of the registration certificate issued by the head of the Incheon Metropolitan City, issued by the head of the Escarman among the Incheon Metropolitan City.

Accordingly, the defendant changed one copy of the registration certificate in the name of the head of Jung-gu Incheon Metropolitan City, which is an official document.

2. On March 13, 2012, the Defendant sent the altered registration certificate to the victim company’s name-in-fact employee who may know of such fact at the same place as the foregoing Paragraph 1 above and exercised the altered registration certificate by facsimile.

3. The Defendant, at the time, at the same time, at the same place as in the above Paragraph 2, and as in Paragraph 1, submitted by facsimile documents to the above victim company’s name-free employees as if the registration certificate was duly completed, and deceivings that the fixed output of the said vehicle was 420/1,90 pss. The Defendant entered into a contract for loan application with the victim company and received KRW 70 million from the victim as loans on the same day.

Accordingly, the Defendant, in the case of 380/1,900 ps, acquired 2.9 million won, which is the difference with 67.1 million won, which is the amount possible to be loaned, by transfer.

Summary of Evidence

1. Defendant’s legal statement (this refers to the fact that a copy of the registration certificate altered as shown in the market is stolen, but the alteration is a copy of registration certificate, and it cannot be the object of the crime of document alteration);

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. Examination protocol of police suspect regarding D;

1. The statement of each police officer made to F and G;

1.Each.