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(영문) 대전지방법원 천안지원 2018.09.07 2017고단1148
공문서위조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On May 12, 2016, the Defendant of an official document forgery receives a certificate of tax payment from the Nowon-gu, Northern-gu, and E operating “D” and send it to the Korea Technology Finance Corporation upon receipt of the certificate of tax payment.

In order to conceal the fact that the taxpayer did not pay the tax of E, the name and resident registration number of E was changed in the way that the taxpayer's sexual name and the details of the resident registration number column in the name of the head of the National Tax Service Home Office in the name of the head of the astronomical Tax Office were written by the computer network and printed out by the computer network in order to conceal the fact that the taxpayer did not pay the tax of E.

Accordingly, the defendant, for the purpose of uttering, forged a tax payment certificate for E in the name of the head of the astronomical Tax Office, the official document.

2. On May 12, 2016, the Defendant sent a forged official document certificate of tax payment, which is a forged official document, to the employee in charge of the Korea Technology Finance Corporation, by facsimile as if the certificate was issued genuinely to the employee in charge of the Korea Technology Finance Corporation.

It was exercised.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to certificates of tax payment and certification of tax payment;

1. Article 225 of the Criminal Act (the point of Article 25 of the Official Document) and Articles 229 and 225 of the Criminal Act concerning the facts constituting an offense (the point of uttering of forged official document);

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

1. Each of the crimes of this case on the grounds of sentencing under Article 62(1) of the Criminal Act with the suspension of execution is to impair the reliability of official documents, to cause confusions in the business of public agencies, and the nature of the crime is not somewhat weak in light of its circumstances and contents. Meanwhile, the defendant confessions and reflects each of the crimes of this case, and there was no criminal history against the defendant prior to the instant case, and other circumstances revealed in the records and arguments of this case, the punishment shall be determined as per the disposition.

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