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(영문) 부산지방법원 2019.10.31 2019고단4068
공문서변조등
Text

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

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

Reasons

Punishment of the crime

The defendant was working in Busan Dongdong-gu Co., Ltd., Ltd., which is located in Busan Dong-gu, and tried to modify the response details in the administrative disposition inquiry under the name of the head of Busan Dong-dong Gu in order to participate in the bid of the D apartment management

1. Around May 9, 2019, the Defendant changed official document: (a) issued a certificate of performance of multi-family housing management in the name of the head of the Busan Dong-dong, and obtained a confirmation of the administrative disposition from the head of the Busan Dong-gu on September 10, 2018; and (b) then printed out the item column of the disposition details of the housing management management operator by using the computer screen program, with the following contents: (c) the Defendant changed the content of the administrative disposition to the effect that C was subject to an administrative fine of KRW 2 million on September 10, 2018.

Accordingly, for the purpose of exercising, the Defendant modified one copy of the “issuance of a certificate of management performance of multi-family housing and reply for confirmation of administrative disposition” under the name of the head of the Busan Dong-gu

2. Around May 10, 2019, the Defendant, at the Busan Metropolitan Transportation Daegu D apartment management office, submitted a document altered as described in paragraph (1) to an employee under the name-contested management office, who is not aware of such alteration, and exercised the document as if it were duly prepared.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect with respect to E or F;

1. Protocol of the police statement concerning G;

1. Issuance of certificates of management records of multi-family housing and response to confirmation of administrative dispositions;

1. Application of the Acts and subordinate statutes to the head of the same Gu;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to the official document crime;

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