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(영문) 서울동부지방법원 2017.02.09 2016고단2824
공문서변조등
Text

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

Reasons

Punishment of the crime

I. 2016 Highest 2824 Defendant is a person who has worked in Gangdong-gu Seoul Metropolitan Government as a motor vehicle dealer in D in building C.

The Defendant intended to purchase a motor vehicle by obtaining a new collateral loan from an automobile installment loan company from a customer E, which is the need for living expenses, and accepted a request to allow an additional loan which represents the actual value of the motor vehicle and received the request to obtain an additional loan, thereby making it possible to obtain an additional loan by making up the delivery price of the motor vehicle.

1. On November 18, 2014, the Defendant conspired with E, filed an application for a loan of KRW 14,500,000 with the victim non-SP Capital Co., Ltd. in the name of E., Ltd. from the above D around November 18, 2014.

However, in fact, the ex-factory price of the said vehicle was KRW 11,680,00, and the victim company could not obtain a loan exceeding the actual ex-factory price of the said vehicle in a normal way from the victim company. Therefore, the defendant applied for a loan at the de-factory price by adding a false option price of KRW 2,970,000 to the said ex-factory price.

As above, the defendant deceivings the employees of the victim company, and he acquired 14,500,000 won from the victim company to the new bank account in the name of D on the same day under the name of loan from the victim company.

2. On November 19, 2014, the Defendant altered an official document: (a) printed out a document stating “13,51,818 won” using a computer at the place indicated in paragraph (1) at around November 19, 2014; and (b) posted it on “the cost of delivery (additional tax): 11,006,363 won” and copied it.

Accordingly, the defendant changed the registration certificate under the name of the head of Gangdong-gu Seoul Metropolitan Government, which is a public document for the purpose of uttering.

3. On November 19, 2014, the Defendant holding an altered official document shall be an employee in charge of the foregoing non-SP Capital Co., Ltd. at the place described in paragraph (1) around November 16:57, 2014.

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