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(영문) 서울남부지방법원 2014.11.26 2014고단4176
공문서변조등
Text

A defendant shall be punished by imprisonment for four 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. Alteration of an official document;

A. On August 6, 2014, at the Defendant’s residence of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, 101 Dong 1103, the Defendant: (a) stored construction machinery registration certificate without authority to exercise the right; (b) entered “A” in the name column of the owner of “C” by using a computer; (c) entered “D” in the resident registration number column; and (d) output in the address column as “Seoul Metropolitan Government Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, 101 Dong 1103; and (c) altered one copy of the C Excavation registration certificate in the name of the head of Yeongdeungpo-gu, Seoul Metropolitan Government.

B. On August 8, 2014, the Defendant, without authority, entered “A”, “D”, and “B, Yeongdeungpo-gu Seoul Metropolitan Government 101 Dong 1103” into the same place and without authority for the purpose of exercising the certificate, and printed out in the address column, and then modified one copy of the registration certificate under the name of the head of Yeongdeungpo-gu Seoul Metropolitan Government Office, the official document.

2. Exercising altered official documents;

A. On August 7, 2014, the Defendant at an office at the construction site in the Sincheon-si around August 7, 201, the above 1.A.

As stated in paragraph (1), the C Excavation certificate under the name of the head of Yeongdeungpo-gu Seoul Metropolitan Government Office, which is an official document altered, was submitted to the person who is not aware of the fact and exercised it as if it was duly formed.

B. The Defendant at the above office around August 9, 2014, and the above 1.B.

As stated in the same paragraph, the registration certificate of E excavation under the name of the head of Yeongdeungpo-gu Seoul Metropolitan Government Office, which is an official document altered, was submitted to the person who is unaware of the fact and exercised it as if it was duly formed

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a copy of each registration certificate of construction machinery (No. 2, No. 8);

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. Suspension of execution under Article 62(1) of the Criminal Act (The following sentencing grounds shall be considered in favor of the accused).

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