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(영문) 수원지방법원 2018.02.01 2017고단8418

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2014, the Defendant altered official documents at C office located in Suwon-si, Suwon-si, the Defendant: (a) made up and printed out by using computers kept in the above office in Suwon-si, Suwon-si; (b) made up and printed out “Y” and “D”; and (c) made out in certain size in the name of the branch office; (d) attached “Y-gu, Suwon-si, Gyeonggi-do, Suwon-si, Suwon-si; and (b) attached “D: D” on the resident registration number column under the representative’s name.

Accordingly, the defendant modified the registration certificate of non-profit private organizations for C in the name of the Gyeonggi-do branch for the purpose of exercising official documents.

2. Exercising altered official documents;

A. The Defendant, at the Suwon District Court around May 30, 2016, presented the following facts: (a) as evidence of the lawsuit seeking the return of construction price (No. 201895) filed against E against E, to a court employee who is aware of such alteration; (b) presented the registration certificate of a non-profit private organization, which is an altered public document, as if it was issued a genuinely.

B. On July 19, 2017, the Defendant, at the Suwon District Court, presented the following facts to an employee of the court, who is aware of the alteration, as evidence of the lawsuit for repayment of loan No. 201452, which was filed by F against the Defendant, and exercised the registration certificate of non-profit private organization, which is an altered public document, as if it was duly issued.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A certificate of registration of non-profit private organizations and an application for membership;

1. Documents concerning the submission of lawsuit for loans (No. 2016) No. 21462, and the application of statutes governing the exercise of a registration certificate of alteration on July 19, 2016;

1. Relevant Article 225 of the Criminal Act concerning the facts constituting an offense (a point of altered official documents), Articles 229 and 225 of the Criminal Act (a point of uttering of altered official documents);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service order under the Criminal Act;