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(영문) 대전지방법원 천안지원 2020.06.12 2020고단753

공문서위조등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 2019, the Defendant: (a) posted a photograph of the Defendant on the photograph of the construction machinery operator’s license certificate of an unclaimed winner, which was found in C lodging house B, which was located in C, at the time of Samcheon-si on March 2019; and (b) sent the name column and resident registration number column to the revised tape; and (c) marked “A” and “D” in the resident registration number column to the name column of the aforementioned unclaimed winner; and then copied it from C’s non-disclaimed points near C’s accommodation.

Accordingly, the defendant has forged one construction machinery operator's license in the name of the head of Seocheon-gun, a public document for the purpose of uttering.

2. Around April 2019, the Defendant: (a) delivered one copy of a forged construction machinery operator’s license to an employee who could not know the name of G Co., Ltd at the F construction site E at the time of Samyang-si; and (b) exercised it as if it was duly constituted.

3. A person who intends to operate construction machinery violating the Construction Machinery Management Act shall obtain a construction machinery operator's license from the head of a Si/Gun/Gu

Nevertheless, on May 2, 2019, the Defendant operated construction machinery without obtaining a construction machinery operator's license from time to August 14, 2019 without obtaining a construction machinery operator's license in the same manner as the attached crime list in the first construction site located at H at C, from March 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement;

1. Requests for cooperation with investigation (number 16) and reports on investigation ( telephone conversations of related persons);

1. Application of Acts and subordinate statutes increasing construction machinery operators;

1. Relevant Article 225 of the Criminal Act concerning facts constituting an offense, the choice of punishment, Articles 229 and 225 of the Criminal Act, Article 41 subparagraph 14 of the Construction Machinery Management Act, and Article 26 (1) of the Non-licensed Construction Machinery Management Act;