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(영문) 제주지방법원 2019.10.16 2019고단1436

공문서변조등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant intended to obtain a loan from a financial company, and requested the financial company to submit the certificate of tax payment in 2019, which was already received from the Jeju tax office, the Defendant attempted to alter the certificate of tax payment in 2017.

1. Around 15:00 on February 25, 2019, the Defendant changed official document: (a) drafted and printed the “C Office located in Jeju-si,” using a computer on March 24, 2019; (b) February 25, 2019; and (c) published it on December 31, 2017, the “31, 2019” written in the part of the “A certificate of tax payment issued under the name of the head of Jeju-si; and (d) copied the document by misunderstanding the “C Office on December 1, 2017” written in the “No. 25, 2019” column for the issuance date of the certificate of tax payment at the end of the tax payment certificate.

Accordingly, the defendant altered one copy of the certificate of tax payment under the name of the head of Jeju Tax Office, which is an official document.

2. The Defendant exercised the altered official document by sending the certificate of tax payment, which is an altered official document, to D representative E by facsimile, at the time, at the place, referred to in paragraph 1, paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes governing a written accusation, the original tax payment certificate, and the altered tax payment certificate;

1. Relevant Article 225 of the Criminal Act concerning the facts constituting an offense, Articles 229 and 225 of the Criminal Act;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act include: (a) the fact that the defendant acknowledges and reflects his mistake; (b) there are no criminal records exceeding the same kind of criminal records or fines; and (c) the defendant’s age, character and conduct, environment, means and consequence of the crime; and (d) all the factors of sentencing as indicated in the records and arguments, including the circumstances after the crime