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(영문) 광주지방법원 2018.10.12 2018고단3015
공문서변조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Alteration of an official document;

A. Around October 2016, the Defendant changed the permission for the incorporation of a corporation, the number “F” out of the permission for the establishment of an incorporated association E, by means of capitals, computers, local photopics, etc. at the office of the Dispute Resolution D Co., Ltd. in Gwangju-gu, Gwangju-gu, and 201, and the “F” was modified as “G” on June 22, 2016, by “Seoul-gu, Seo-gu, Gwangju Metropolitan City Co., Ltd., and “B, Representative Name”; and “B,” respectively, on September 23, 2011, “B,” respectively.

Accordingly, for the purpose of uttering, the Defendant modified one copy of the certificate of establishment of a corporation under the name of the Gwangju Metropolitan City Mayor.

B. Around October 2016, the Defendant modified the business registration certificate by the following method: (a) the representative “I” among the business registration certificates of an incorporated association E as “J”; and (b) the Seo-gu Seoul Metropolitan City H in the place of business as “Seoul Metropolitan City, Dong-gu, Gwangju Metropolitan City C” respectively.

Accordingly, for the purpose of uttering, the Defendant modified a business registration certificate for “E” under the name of the head of the Gwangju Tax Office, which is an official document.

2. On October 21, 2016, the Defendant: (a) issued a modified official document certificate and its business registration certificate to J as if it were issued genuinely as stated in paragraph (1) at a hospital of the Young University located in the Nam-gu, Nam-gu, Gwangju; and (b) exercised each of them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A certificate of incorporation or a business registration certificate for alteration;

1. Application of business registration certificates, permits for establishment of corporations, and statutes;

1. Article 225 of the Criminal Act in relation to the facts constituting an offense (the points of alteration of each official document), Articles 229 and 225 of the Criminal Act (the points of uttering of each altered official document);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (only between the crimes of engaging in the conduct of official documents altered);

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 suspended execution;

1. Social service order under the Criminal Act;

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