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(영문) 의정부지방법원 2013.09.12 2013고단2248

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 became final and conclusive.

Reasons

Punishment of the crime

1. Around March 2, 2013, the Defendant altered official document: (a) at the “stock company E” business office operated by the Defendant under the Seoul Special Metropolitan City Nowon-gu D Building 1202; (b) did not find any delivery certificate; (c) did not alter another import declaration certificate; and (d) did not enter the number “14” on the number “10” recorded in the quantity column of the import declaration certificate under the name of the head of the Incheon Airport Customs Office; and (c) added the number of output using a computer on the “10” column stated in the “201/12/16” column as of the date of report and the date of receipt; and (d) changed one copy of the import declaration certificate on the “F (trade name: G company) under the name of the head of the Incheon Airport customs office, an official document, for the purpose of exercising the certificate.

2. On March 10, 2013, the Defendant supplied an altered official document to the owner of an urban railway corporation in Seongdong-gu Seoul Metropolitan Government, which is located in Seongdong-gu Seoul Metropolitan Government 223-3, with “Class 2 other than DCPT” as stated in paragraph (1), and used one copy of the certificate of completion of the altered official document as if it were issued a genuinely.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Certificate of import declaration;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Selection of each sentence of imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that the defendant is pening his mistake in depth, the fact that the defendant has no particular power