A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[criminal power] On November 18, 2015, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for the crime of altering official documents at the Incheon District Court, and the judgment became final and conclusive on November 26, 2015.

【Criminal Facts】

The defendant was a person who operated a company C, a corporation in Spocheon City B.

Although the Defendant had an occupational duty not to arbitrarily establish a mortgage on the cargo vehicles that were left in the above company, in order to resolve the financial difficulties of the company, the Defendant planned to set up a mortgage on the Ecar which the victim D left in to the above company and to receive a loan.

1. On March 18, 2013, the Defendant obtained a loan from F at the office of the said C Co., Ltd., and established a mortgage at will on the said Egypt vehicle, the victim left the said C Co., Ltd., with the face value of KRW 44 million.

2. In the course of obtaining a loan from H Co., Ltd. at the place specified in Article 1(1) of the Act on January 6, 2015, the Defendant was already subject to public defense and sufficient hearings have already been conducted. As such, even if the facts charged are corrected and recognized without any amendment to indictment, it is unlikely that the Defendant would have any substantial disadvantage in exercising the Defendant’s right

The secured claim amounting to KRW 20 million was set at will on the above car that the victim entered C, which was a stock company.

3. On June 26, 2015, the Defendant received a loan from I at the place specified in Paragraph (1) of the same Article, and the Defendant established at will a mortgage of KRW 100 million on the said vehicle that the victim left the said company.

As a result, the Defendant violated his occupational duties on three occasions, thereby acquiring the benefit of KRW 164 million, and causing a loss equivalent to the same amount to the victims of the land owner.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A complaint;

1. Order and reply to submit documents ( October 16, 2019);

1. A certified copy of the register;