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(영문) 서울남부지방법원 2019.07.10 2019고단1488

공문서변조등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around April 2018, the Defendant changed official document: (a) at the office of Gangseo-gu Seoul Metropolitan Government building B and the office of D Co., Ltd. operated by the Defendant; (b) the term of validity of the regular inspection of the construction machinery (F) owned by his/her spouse E on August 30, 2016; and (c) even if it did not undergo a regular inspection thereafter, the Defendant entered the said astronomical machine into a contract for leasing it to G Co., Ltd., and submitted it at the time of submission; (c) the Defendant entered the said astronomical machine as “regular inspection”, “date of inspection”, “the date of inspection, June 2, 2017,” “the term of validity”, “the term of validity of the inspection agency’s “H”, and “the inspection agency’s “H” in the name of inspector.

Accordingly, the defendant modified one copy of the registration and inspection certificate of construction machinery which is an official document without authority for the purpose of exercising his/her authority.

2. On April 17, 2018, the Defendant: (a) concluded a lease agreement with G Co., Ltd. on the said astronomical period at the “J Corporation” office located in Dong-gu Daejeon Special Metropolitan City, Daejeon; (b) submitted to K, a person in charge of the said G Co., Ltd. one copy of the registration and inspection certificate of construction machinery, which is an altered official document, as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against L, M, N, orO;

1. Construction machinery register, altered construction machinery registration inspection certificate, and equipment lease agreement;

1. Application of Acts and subordinate statutes to investigation reports (related to administrative procedures for construction machinery registration certificates), construction machinery registration certificates (issuance in 2014);

1. Relevant Article 225 of the Criminal Act, the choice of punishment for the facts constituting an offense, Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. The defendant's age, character and conduct, environment, motive, means and consequence of the crime under Article 62 (1) of the Criminal Code, on the grounds of sentencing.