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(영문) 인천지방법원 2016.12.23 2016고단7560
공문서변조등
Text

A defendant shall be punished by imprisonment for four 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

The defendant is the B representative director of the company, which is a trade company of the company of the launching season.

On July 31, 2015, the Defendant sold two of the launch-type period to C around July 31, 2015, and was continuously demanded from the above company to submit an inquiry of the origin of the launch-type period and an import declaration certificate of the launch-type period.

Therefore, the Defendant did not notify C of the introduction cost of the launch-type period to the company C, and planned to send it to C, with the fact that the content of the certificate of completion of the certificate of completion of the name of the “commencing Customs” prepared at the time of importing any other type of the launch-type period, not the type of the launch-type period supplied to C, and that it was the certificate of completion of the launch-type period supplied to C.

Accordingly, around April 21, 2016, the Defendant, at the office B in Gyeyang-gu, Incheon Metropolitan City D and 202, stored the name of the Busan Customs declaration completion certificate with an image file, and then fabricated the image file using a computer-to-mail program, using the computer-to-mail shop program, in the form of a model specification, “number”, “unit price”, “amount”, “materials”, “total dutiable value”, “tax amount”, “value”, “value”, and “value added” without authority, operated the image file in a way that the official seal of the Busan Customs is kept intact and the official seal of the Busan Customs Office, and then, the Defendant sent the fabricated image file to C employee E and then printed it into a e-mail with an image file operated by the certificate of import declaration completion certificate.

As a result, the defendant altered the certificate of import declaration in the name of Busan Customs, which is an official document, for the purpose of uttering, and exercised the altered official document.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. The police statement concerning F;

1. Application of statutes by an altered import declaration certificate and an altered import declaration certificate;

1. Article 225 of the Criminal Act, Article 229 of the Criminal Act, Article 225 of the Criminal Act, Article 225 of the Criminal Act, as to the facts constituting an offense (the point of presenting altered official documents).

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