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(영문) 울산지방법원 2020.01.31 2019고합170

공문서변조등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who jointly operates C, a construction company, together with B, and D is an employee who has been in charge of accounting affairs in the above C.

1. Around December 2016, the Defendant changed official document: (a) entered the original copy of the C’s business registration certificate issued by the director of the Seo-gu Office of Busan in the B office; (b) entered the “name” in the file of the copy of the C’s business registration certificate, which was issued by the director of the office of Seo-gu Busan in order to read “B” as “non-B 1”; and (c) entered the “construction, construction machinery, materials, relay trade, and lease” in the “construction, construction, and construction”; and (d) entered the “type” into the “construction, remodeling, observation, and painting” in the “type of business,” and then arbitrarily printed a pro-friendly file, as seen above, with the “public works (specialized construction subcontract), construction machinery, materials, relay trade, and lease.”

Accordingly, for the purpose of exercising, the defendant altered a business registration certificate for C in the name of North Busan District Tax Office, which is an official document.

2. On December 31, 2016, the Defendant at the G Co., Ltd. office located in Yangsan City F, the Defendant exercised the altered official document by presenting the business registration certificate, which was the altered official document, as if it were issued genuinely to the employees of the said company, in order to claim construction cost.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. The statement made by the complainant B among the police interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the original copy of the altered business registration certificate dated 25, 2015 and the original copy of the business registration certificate dated 25, 2015;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for a period from January to February 15;