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(영문) 서울북부지방법원 2016.03.15 2015고단4702
공문서변조등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal records] On April 23, 2015, the Defendant was sentenced to a three-year suspended sentence of imprisonment with labor for fraud, etc. at the Seoul Northern District Court on September 15, 2015, and the judgment became final and conclusive on September 15, 2015. On June 2, 2015, the same court was sentenced to a one-year suspended sentence for eight months, and the judgment became final and conclusive on January 1, 2016.

[Criminal facts]

1. Around August 5, 2010, the Defendant modified official documents, at D Co., Ltd. offices located in Jung-gu Seoul Metropolitan Government Office No. 401, followed by the engineering of Myanmar in the column of “F”, “207-05-09” in the column of the name of the householder No. 1, issued at the main office of Jung-gu Seoul Metropolitan Government Jung-gu Office No. 401, Jungdong-gu, Seoul, and the name of the householder No. 201, 201, Dong-dong Office No. 201, which was issued at the main office of Jung-gu, Seoul.

Accordingly, the defendant modified a copy of the statement of the transfer household, which is an official document, for the purpose of uttering.

2. The Defendant, at the same time and place, sent a copy of the revised statement of perusal by the transferred household at the same time and at the same place, by facsimile as if it was duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry in the statement protocol of the police officer with G;

1. A detailed statement of inspection of transferred household;

1. Each judgment (the judgment in this case, including Seoul Northern District Court Decision 2013 High Court Decision 3122, etc.)

1. Application of Acts and subordinate statutes to inquiry results, such as criminal history;

1. Articles 225 and 229 of the Criminal Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 stay of execution (the fact that the crime is dead and reflectd, and the principle of equity with the case that a judgment becomes final and conclusive shall be considered at the same time);

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