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(영문) 창원지방법원 2016.05.12 2016고단284
공문서변조등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

The defendant is a management director of C.

On August 26, 2015, the Defendant: (a) called the “list of workplace subscribers” issued by the National Health Insurance Corporation by telephone from the said company to D, the employees of the said company, and ordered D to add E and F to the “list of workplace subscribers” of the said company issued by the National Health Insurance Corporation; and (b) made D to D using a sturg program, using the serial number “10”; (c) identification number “G”, resident registration number H, name “E”, “2015-08-01” and serial number “17”; (d) identification number “I”; (c) resident registration number J”; (d) name “F”; and (e) date of qualification acquisition to “2015-08-01”; and (e) changed the date of issuance to “the date of issuance” with the mark of the president of the National Health Insurance Corporation and the sign of the National Health Insurance Corporation for preventing forgery on the list of workplace subscribers.

For the purpose of exercising authority, the Defendant changed the list of workplace subscribers in the name of the president of the National Health Insurance Corporation, a public document without authority.

2. The Defendant exercised an altered official document by allowing D to transmit by facsimile the list of subscribers to the cultural tourism and staff of the Chang-gun Office of Chang-gun, who is aware of such alteration at the above time, at the above time and place, as if it was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning examination of the police concerning L;

1. Statement made to K in the police statement;

1. A written accusation;

1. Application of the altered list of subscribers to the workplace;

1. Article 225 of the Criminal Act applicable to the facts constituting an offense (a point of altered official documents), Articles 229 and 225 of the Criminal Act (a point of uttering of modified official documents);

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation], forgery, alteration, etc. of official documents, etc.

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