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(영문) 의정부지방법원 2014.01.14 2013고단4132

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

1. Around June 12, 2013, the Defendant altered official documents, at the D office of the Defendant’s operation located in Yangyang-si, connected the said office with the “civil petition 24, which is an Internet civil petition issuing site,” a computer located in the said office. ① The purpose of use was to print out the “Seoul E general building ledger (A)” and “Seoul-do ordinary building ledger (A)” designated as “one-class neighborhood living facilities” and ② the purpose of use was to read “one-class neighborhood living facilities” respectively.

The Defendant used knife and knife "Class 1 neighborhood living facilities (retail stores)" in the column for the use of the general building ledger (A) of the above paragraph (1), and added it to the above 2nd general building ledger (a) using swimming pool on the use column among the current status of the buildings in the above paragraph (2) building ledger (a), and then revised the copy of the building ledger as if the use of F in Nam-do is "Class 1 neighborhood living facilities (retail stores)" and as if the use of F in the above building ledger is "Class 1 neighborhood living facilities (retail stores)."

2. At around 15:00 on June 13, 2013, the Defendant used the modified official document in the employment economy department and office of the Namyang-si located in Namyang-si, a public official in charge who is not aware of the modification as above, to apply for the designation as a retailer and to use the modified official document accompanied by the attached official document.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect examination of G police officers;

1. A written accusation;

1. The ordinary building register after alteration;

1. The general building register before alteration;

1. Documents used for the alteration;

1. Application of Acts and subordinate statutes on seizure records;

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;

1. The suspended execution is against Article 62(1) of the Criminal Act, the social risk is not realized because the ultimate objective of the crime is not achieved, and the defendant has no record of the crime above suspended execution, and the crime in this case is committed.