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(영문) 인천지방법원 2014.05.23 2014고정1408

허위공문서작성등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person working as the head of the Gyeyang-gu Incheon Metropolitan City Building and C Team.

1. On November 28, 2012, the Defendant prepared a false official document by having D, an employee of the Gyeyang-gu Office and CCO office, prepare an application for a business trip within his/her jurisdiction using the “computer program” installed on a computer, and the facts are as follows: “A: D, F (in the case of a business trip), E, a public vehicle (unused), and the purpose of the business trip: On-site inspection: On-site inspection, date of the business trip: November 28, 2012: from 00 to 17:30 (30 minutes) on November 28, 2012; and the fact was as follows: D, an examiner, A, and A (the director of the department of construction) on the application for a business trip within his/her jurisdiction, despite the absence of any intent or plan to view the business trip as described in the contents of the application for a business trip within his/her jurisdiction.”

Accordingly, for the purpose of exercising, the defendant prepares a false copy of the application for a business trip within the jurisdiction of Gyeyang-gu Incheon Metropolitan City.

2. The Defendant submitted an application for a business trip within the jurisdiction that was falsely prepared at the same time to G of the head of the building department of the above Gu office for the use of false official documents.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of the accused and D by the prosecution;

1. Application of each Act or subordinate statute to the suspect interrogation protocol against the defendant or D

1. Relevant Article 227 of the Criminal Act, Articles 229, 227 of the Criminal Act, the choice of punishment for the crime, the choice of fines, and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;