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(영문) 대구지방법원 2017.03.30 2016고단6025
공문서변조등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 1, 2012, the Defendant altered official documents: (a) at the Defendant’s office located in the Dong-gu Seoul Special Metropolitan City D three floors, the Defendant entered the item column for the current status of each lessee in the “written report on the current status of the registered matters, etc.” issued by his wife at the Busan Special Metropolitan City office; (b) F; (c) G, 1-161; ( resident registration number); (c) H; (d) 20.00; (b) 320.00; (c) 20.00; (d) 207/20 to 2014/19; (d) 50,000,000 (d) the resident registration number of the lessor under the contract; and (e) / 2012/300 of the date of receipt of the final date.”

Accordingly, for the purpose of uttering, the Defendant modified a copy of “written status of registered matters, etc.” under the name of the head of the Si/Gun/Gu office, which is an official document.

2. The Defendant, at the time and place specified in paragraph 1, submitted a revised official document as if it were an official document with which the “statement of the status of the registered matters, etc.” as mentioned above was duly formed to the Daegu Nowon-gu Saemaul Cooperative, Daegu, by facsimile.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes to investigation reports (security of the current status of registration, etc. used by a suspect A for alteration);

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. 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] / Alteration, etc. of official documents, etc. / There is no person who has no basic area (from August to two years) (i.e., any person who is subject to special sentencing) / [Pronouncement of sentence] - Unfavorable circumstances: The defendant uses the "written statement of registration, etc." in the name of the head of the Sinsan District Tax Office in the course of obtaining a loan from the Daegu District Community Credit Cooperatives; although E uses the "written statement of registration, etc." in the name of the head of the Sinsan District Tax Office in the process of obtaining a loan from the Daegu District Community Credit Cooperatives

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