beta
(영문) 의정부지방법원 2019.09.18 2019고단2574

공문서위조등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. The Defendant is a person who works as the team leader at the Yeongdeungpo-gu Seoul Metropolitan Government building B or D Co., Ltd. located in subparagraph C.

On May 2018, the Defendant: (a) at the site of “Gang Changwon-gun E Road Works; (b) around January 19, 2018, after the term of validity of the regular inspection of an airline (F) owned by D Co., Ltd., which was put into the said site expired on January 19, 2018, sentenced the Defendant to forge the registration and inspection certificate of construction machinery, which is a public document, as if it had undergone a regular inspection, even though it did not undergo a regular inspection.

Around June 2018, the Defendant classified the “4. Construction Machinery Inspection column” into “4. Construction Machinery Inspection column in the name of Yeongdeungpo-gu Seoul Metropolitan Government, which copied the original copy of the registration and inspection certificate of construction machinery of the said port (F) under the name of Yeongdeungpo-gu, Seoul Metropolitan Government, which is an official document, for the purpose of uttering: Around June 2018: A regular inspection, inspection date: January 20, 2018; the effective period: January 19, 2019; an inspection institution: a mandatory inspector and inspector: H’s seal arbitrarily prepared and kept.

Accordingly, the Defendant forged a registration and inspection certificate of construction machinery in the name of Yeongdeungpo-gu Seoul Metropolitan Government, which is an official document.

2. Around June 2018, the Defendant used a forged construction machinery registration and inspection certificate, as described in paragraph 1, at G site offices located in Gangseo-gun, Gangwon-do, for the purpose of utteringing a forged construction machinery registration and inspection certificate, to G employees who are not aware of such circumstances.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a construction machinery registration certificate;

1. Application of Acts and subordinate statutes on construction machinery registration certificates;

1. Article 225 of the Criminal Act, Article 229 and Article 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;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be the official document crime;