2013 Madden 1130 Madern 20130 Alteration of official documents, uttering of altered official documents, fraud, and fraudulent execution of official duties

Obstruction

○○○ (71****** 1*******) * Other businesses

Seo-gu, Daejeon:

Seo-gu, Daejeon: Omission

Shin Young-young (Institution of Prosecution), leaptable (Trial)

May 30, 2013

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

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is the actual representative of △△ Korea Co., Ltd. in Seo-gu Daejeon, Seo-gu, 157, who is a student transport service business, such as school trips conducted by elementary, middle, and high schools in the Daejeon area.

On April 18, 2012, the Defendant entered into a contract for the lease of Daejeon (1)(1) Middle School in 2012, but also in 2012, the Defendant had no intention or ability to provide 1) operation vehicle(1) operation vehicle(5) years or less, which is the condition of a vehicle offered at a middle school, by altering the annual form of the chartered bus registration certificate and submitting it to the school to obtain the rent for the vehicle. (1) In order to interfere with the business of the middle school ① education travel service contract.

1. Alteration of an official document;

On April 17, 2011, the Defendant copied the original on November 11, 2005, the registration certificate of Daejeon 75 Ba6737, which was registered, and the registration certificate of Daejeon 75 Ba6738, which was registered on October 31, 2005, using an electronic copy, respectively, and copied the original by using the electronic copy of the “original registration date”, “the first registration date,” “the number of copies”, “the 2007 column”, “the second registration date,” “the second registration date,” and “the 2007” column.

Accordingly, the defendant, without authority, altered the copy of the registration certificate in the name of the Director of Daejeon Metropolitan City, Daejeon Metropolitan City, and Daejeon 75 Ba6737 and Daejeon 75 Ba 3738, respectively for the purpose of uttering.

2. Uttering altered official documents;

On April 18, 2011, the Defendant entered into a lease contract for transportation bus of students traveling from the above ① Middle School in the administrative office for middle school ① year 2012, and (i) year 1 year 2 middle school / middle school 2 year / year 1 year / year 2 year / year / year 2 year , and presented her certificate of registration as if it was a copy of the electronic copy of the certificate of registration which was modified to the staff

3. Obstruction of Performance of Official Duties by Fraudulent Means and Fraudulent Means

The defendant submitted a copy of the motor vehicle registration certificate of Daejeon 75 Ba6737 and Daejeon 75 Ba3738, at the time and place of the above 2. The registration date of the above motor vehicle, which had been altered as stated in the above 1.

As shown in 2007, it was false to offer two chartered buses for the year 2007 with the above school travel student transport bus.

However, the defendant did not have the intention or ability to provide the 2007 annual chartered bus. The defendant was given 3 million won as the rent for the chartered bus 2.

As a result, the Defendant received property from the victim at the same time, and at the same time interfered with the legitimate performance of duties concerning the lease contract for a vehicle for study travel in Daejeon Metropolitan City, Daejeon Metropolitan City(1) / a middle school public official's Gangwon-gu public official.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of reply to the bereaved family;

1. A copy of each motor vehicle registration certificate, each motor vehicle register;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 225 of each Criminal Act (Alteration of Official Document) and Articles 229 and 225 of each Criminal Act (Exercise of Revised Official Document)

In this regard, Article 347(1) of the Criminal Code and Article 137(1) of the Criminal Code (the point of fraud) 1. Commercial concurrence

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Fraud, obstruction of the performance of official duties by fraudulent means: Imprisonment;

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (in violation of Article 62(1) and there is no punishment other than a fine)

(iii)

It is so decided as per Disposition for the above reasons.

Judges Yang Sung-chul