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(영문) 인천지방법원 2018.11.22 2018고단7058
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

[Presumption Facts] The defendant is a person who works in Jung-gu Incheon Metropolitan City Dispute Resolution and is engaged in the operation of the Emarket in the same location.

According to the visa issuance guidelines of the Ministry of Justice, the number of foreign workers is determined according to the size of the business site, and the defendant plans to arbitrarily change the size of the business site stated in the ESmarket's business report certificate to employ foreign workers.

[Criminal facts]

1. On August 7, 2018, the Defendant changed the official document by printing the term “714.38 square meters” using a computer and a printer at the D office of the Dispute Resolution Co., Ltd., and attached it to “324.50 square meters of business site size” as indicated in the business report certificate (Serial No. F) in the name of the director of the Jung-gu Incheon Metropolitan City, Jung-gu business trip, Jung-gu, Incheon Metropolitan City, and by copying the business report certificate, thereby changing the content as if the business place size stated in the business report certificate is 714.38 square meters.

Accordingly, for the purpose of uttering, the defendant modified one copy of a business report in the name of the Jung-gu Incheon Metropolitan City Young-gu Office business trip.

2. On August 8, 2018, the Defendant issued a modified official document to a staff member in charge of being aware of the fact in the evidence of the Incheon Immigration Office located in Jung-gu Incheon International Immigration Office, Jung-gu, Incheon, and at the same time, submitted a modified business report certificate as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each business report;

1. Article 225 of the Criminal Act; Articles 229 and 225 of the Criminal Act concerning the crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is 【The reason for affirming the suspended sentence” 【The reason for affirming the suspended sentence, thereby evading restrictions on the employment of foreigners by adding more than two times the designated duty-free shops to the size of the restaurant, or the interview or interview by altering only the immigration administration belongs to the unfavorable circumstances.

However, according to the sentencing data that defense counsel appeals, it is advantageous to the following.

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