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(영문) 부산지방법원 2016.1.21.선고 2015고단7067 판결
가.공문서변조∙변조공문서행사
Cases

2015 nomencla7067 A. Alteration of official documents

(b) Exercising altered official documents;

Defendant

Defendant 1. A

2. B

Prosecutor

The time limit for use (prosecutions) and the screening time limit (public trial)

Imposition of Judgment

January 21, 2016

Text

Defendant A shall be punished by imprisonment with prison labor for one year and by imprisonment for eight months.

Reasons

Criminal facts

The defendant B is the representative of "D" located in the city of Busan, which is a person engaged in transportation services such as leasing chartered buses, and the defendant A is a person who has been engaged in the duties of dispatch while serving as the head of the department in the above company.

Defendant A, while leasing a bus for field experience study at schools of Busan level, usually, demanded a contract to rent a bus within five years from the date of delivery in order to ensure the safety of students, but when the vehicle in compliance with the above conditions is insufficient at the time of dispatch, Defendant A, as if he was a vehicle within five years from the date of delivery, submitted to the school by altering the part of “the first registration date of the motor vehicle registration certificate,” “the date of initial registration,” and “the annual registration date,” which are required to be submitted to the school. Defendant B, who is an employee, was publicly recruited in a way that allows Defendant A to submit the registration certificate to the school by altering the registration certificate.

1. Alteration of an official document;

(a) Crimes of several methods attached by printing the number of tobacco parts;

On April 22, 2012, the Defendants prepared documents related to the lease of buses to be provided to Busan EV at the above office, and revised the registration certificate in the same way as the first registration date in January 14, 2007, "207" and "2007 in the column of smoke, which is located on the right upper part of the F registration certificate, of the leased vehicle, and the number printed in the same pattern and size as the pertinent number through computer work, by adding "2008" to "208" and then reproducing it. The Defendants revised the first registration date to "14 January 2008, and 208" from that time to April 9, 2013, as shown in the attached Table of Crimes (1).

(b) A crime under any Act attached to another motor vehicle registration certificate by entering a motor vehicle number;

On November 31, 2010, the Defendants, while preparing documents related to the lease of buses to be provided to Busan High School at the above office, revised the registration certificate in the same way 35 times as shown in the attached Table 2003 from around that time to May 12, 2013, by inserting “H” from the registration certificate of H (2002 Form) a leased vehicle and attaching “H” on the vehicle registration number of I (2005 Form) a copy after adding it to the vehicle registration number of H (200.

As a result, the Defendants conspired to alter the registration certificate in the name of the Busan Metropolitan City Office of Automobile Registration for the purpose of uttering.

2. Exercising altered official documents;

From December 1, 2010 to May 13, 2013, Defendants conspired to submit a copy of a motor vehicle registration certificate altered as prescribed in paragraph (1) of this Article to the employees of G High School administrative office who are aware of the alteration through bus articles, and exercised the official document altered by submitting it in the same manner 40 times, such as the annexed crime sight table (1) through (2) from around that time to around that time.

Summary of Evidence

1. Defendants’ respective legal statements

1. Records of seizure and respective seized articles;

1. A report on investigation intelligence;

1. Particulars of obtaining evidential data, such as altered official documents;

1. Application of each register of motor vehicle and statutes;

1. Article applicable to criminal facts;

Defendants: Articles 229, 225, and 30 of the Criminal Act

1. Aggravation for concurrent crimes;

The Defendants: (a) each of the instant crimes with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is very heavy as the case where the registration certificate, which is an official document, was modified for the purpose of avoiding the contractual terms prescribed in order to ensure the security of students. Such Defendants’ crime is not only a direct threat to the safety of students, but also a violation of fair competition. Above all, it seems unreasonable to view the instant crime as a representative case of the Korean society’s safe and unreasonable proof that is represented as “the Sewol ferry case.” In light of the fact that the Defendants used multiple registration certificates altered over a long period, as seen in the facts constituting the instant crime, and that there is a need to repeat the said crimes again, the sentence of punishment against the Defendants is inevitable.

Judges

Judges Gyeong-sik

Site of separate sheet

A person shall be appointed.

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