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(영문) 의정부지방법원 2015.07.07 2015고단879
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

The Defendant was delegated to the land owner in the project site in Si interest city, E who promoted D projects in the project site in Si interest city, with the consent to use the land.

On October 2009, the Defendant obtained the consent to use land from the props in the above project site on or around October 2009, but among them, the term of validity of the certificate of personal seal impression attached to the letter of consent to use that the Defendant received from F and G was at issue on or around March 2006, the Defendant used the above F and G by altering the date of issuance of the certificate of personal seal impression.

On October 209, the Defendant changed the date of issuance of the certificate of the personal seal impression to F issued by the head of Gwangjin-gu Seoul Special Metropolitan City head of Dong 3 through H on March 20, 2006 and the date of issuance of the certificate of the personal seal impression to G issued by the head of Dong 1 in Seodaemun-gu Seoul Special Metropolitan City on March 24, 2006, to " October 21, 2009," and exercised it by arbitrarily changing the official document to the date of issuance of the certificate of the personal seal impression to "F under the name of Dong 3 and Dong 1 in the name of Dong 3 and Dong 1 in the Namdong-gu, Seoul Special Metropolitan City on March 26, 2009, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning E;

1. F certificate of the personal seal impression ( October 21, 2009) and F certificate of the personal seal impression ( March 20, 2006);

1. G certificate of the personal seal impression (as of March 24, 2006) and G certificate of the personal seal impression (as of October 21, 2009);

1. Application of Acts and subordinate statutes with regard to land use;

1. Article 225 of the Criminal Act, each of Articles 229 and 225 of the Criminal Act, as to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., the primary crime, motive and background of the crime, health condition, etc.) (ii) is the area where the sentence is mitigated (iv-one year) of Article 62(1) (i.e., forgery, alteration, etc. of official documents.

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