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(영문) 인천지방법원 2014.07.23 2014고단2851

공문서변조등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is the representative director of C corporation.

1. Alteration of an official document;

A. On July 15, 2013, the Defendant changed the construction machinery registration certificate (E) form from “220HC” to “290HC,” and the size column from “10 tons to “12 tons,” and changed the construction machinery registration certificate under the name of the Ansan market without authority for the purpose of exercising supervision over the construction site at the C Company Office located in Dong-gu Incheon Metropolitan City.

B. The Defendant changed the construction machinery registration certificate (F) form from “290C-H” to “290HC,” and the size column from “8 tons to “12 tons” at the above date, at the above place, without authority, to change the construction machinery registration certificate under the name of the customary market without authority.

2. The Defendant’s uttering of forged official document sent to (a) the staff in charge of Pungsan Construction, who is aware of the fact of the alteration at the above date and at the above place, by facsimile as if he were duly formed two copies of the registration certificate of construction machinery altered as stated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of interrogation of the police officer in G, and copy of the protocol of statement of the police officer in H;

1. Application of Acts and subordinate statutes, such as E construction machinery registration certificate and forged construction machinery registration certificate, F construction machinery registration certificate, forged construction machinery registration certificate, and other related Acts and subordinate statutes;

1. Article 225 of the Criminal Act applicable to the facts constituting an offense (a point of altering each official document), Articles 229 and 225 of the Criminal Act (a point of uttering of each altered official document);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the point of uttering of altered official documents);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (amended by Presidential Decree No. 2010, Apr. 1, 2009) is that the crime of this case is not realized in a case where social risks have not been realized because the ultimate objective of the crime was not achieved (amended by Presidential Decree No. 2034, Apr. 1, 200).