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(영문) 서울중앙지방법원 2021.03.08 2020고단7381
공문서변조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 26, 2017, the Defendant: (a) had the intent to modify the certificate of graduation from the principal of the school in the name of D, etc. in order to improve technical grade related to construction business in the Dongjak-gu Seoul Metropolitan Government apartment apartment and C; and (b) had the portion of “commercial” among the certificate of graduation from the principal of D, etc. attached to “construction” and copied the knife.

Accordingly, for the purpose of uttering, the defendant has modified one copy of the graduation certificate against the defendant who was under the name of the principal of the D High School, etc.

2. Around May 4, 2017, the Defendant found at the F Association Registration Team located in Gangnam-gu Seoul Metropolitan Government E and 2, and presented a false official document certificate as if he/she were issued a true certificate of graduation to an employee in that place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the accused of re-verification of whether he/she has graduated from a written accusation concerning the examination of the suspect of the police, or graduated therefrom;

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. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the provision of community service order is that the defendant altered the name of the “department” from among the certificate of high school graduation and submitted to the F association, and that the nature of the crime is minor.

shall not be deemed to exist.

However, in order to verify the authenticity of documents submitted by the Defendant by the F Association, the pertinent high school was immediately sent to the effect that the Defendant was aware of the fact of crime, and that the Defendant was punished by a fine due to other acts before the instant case, and that there was no "construction" in the pertinent high school, and that the said association requested confirmation of the facts to the Defendant, and that the Defendant was immediately altered, the Defendant's act was different.

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