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(영문) 의정부지방법원 2015.02.05 2014고정2686

사문서변조등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who, from November 23, 2010 to November 23, 2010, serves as a management director in the “stock company C” that supplies a stacker plate used for military truck to “B”, a primary subcontractor.

1. On May 2013, the Defendant had received a request from the employees D of the said “B” to submit a test report to the effect that heavy metal was not detected in the instant scacker plate published recently, but had the intention to revise the date of issuance of the previous test report by a person who had not recently published the test report.

At the above temporary border E office, the Defendant: (a) contained two copies of the results of the test in the name of the president of the Korea Construction and Living Environment Examination Institute (F and G) in the office located in the Gu, and then changed the “F and G, 04.03” to “04. 26, 2013”; and (b) changed the “04. 10, 2012” to “05. 02, 2014. 05. 02” on the date of issuance of the test to “2, 2014. 05. 02.”

Accordingly, for the purpose of exercising authority, the defendant altered two copies of the results of the Korean Construction Living Environment Examination Institute under the name of the president of the Korea Construction Environment Examination Institute.

2. The Defendant submitted 2 copies of the altered private document to D who is aware of the alteration at the time and place specified in the foregoing paragraph (1) as if it had been duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of statement concerning H and I;

1. Written accusation, each test report, business registration certificate, and business registration certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (two copies of a test report);

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of fines for the crime, the choice of penalties, and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;