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(영문) 대구지방법원 2013.06.14 2013고단2911
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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The Defendant, as the director of C corporation in Daegu-gu, submitted to each elementary school, middle school, or high school in Daegu-gu, a certain restriction on the vehicle exhaust to ensure the safety of students and to a large chartered bus transportation business entity necessary for students’ on-site experience activities, etc. in order to operate his/her school outside of the school in order to ensure that he/she cannot be a contracting party for a vehicle that is not in compliance with the conditions, and submitted to the school a registration certificate that alters the vehicle exhaust certificate.

1. Around April 11, 2012, the Defendant altered the registration certificate for a total of eight times from that time until October 31, 2012, including the alteration of the registration certificate by attaching the pages indicated as “2007” on the registration certificate form of D vehicles belonging to the said Company as “204” on the “204” column for the registration certificate of D vehicles belonging to the said Company.

Accordingly, the defendant, without authority, altered the registration certificate in the name of the Daegu Metropolitan City Vehicle Registration Office.

2. On April 11, 2012, the Defendant used a motor vehicle registration certificate altered 16 times in total from that time on November 1, 2012, including by facsimileing a document of modified official document at the places described in the preceding paragraph to F in charge of the administrative office of E elementary school from that time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of each modified motor vehicle registration certificate and each motor vehicle register law;

1. Articles 225 and 229 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. According to the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act (see the following reasons for sentencing), the instant crime constitutes type 1 (non-business and non-organization) among the forgery, alteration, etc. of official documents, etc., including official documents, and the scope of recommendation shall be punished by imprisonment.

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