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(영문) 대전지방법원 천안지원 2019.07.18 2019고단1043
공문서변조등
Text

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 22, 2015, the Defendant altered official documents, in order to submit an application for installment financing to D Co., Ltd. with respect to golf vehicles purchased by customers B at a place where it is not known at the time of Boan on or around June 22, 2015, the Defendant: (a) had his name-contested “32,116,363 won” in the “price (excluding value-added tax) of the motor vehicle registration certificate of the said motor vehicle; and (b) had his name-contested “34,454,545 won.”

Accordingly, for the purpose of uttering, the defendant altered the registration certificate in the name of the Director of the astronomical Vehicle Registration Business Office.

2. Around June 23, 2015, the Defendant sent a modified official document to the person in charge of D Co., Ltd., who may know of the fact, as if he/she completed the altered registration certificate under the foregoing paragraph 1 at the F Office located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu.

Accordingly, the defendant exercised the altered official document.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. An altered motor vehicle registration certificate;

1. Existing motor vehicle registration certificate;

1. Application of Acts and subordinate statutes to applications for installment financing and erroneous discussions;

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. Scope of recommended sentences according to the sentencing criteria;

(a) The basic area of crimes No. 1 (Alteration of Official Documents) and No. 2 (Uttering of Revised Official Documents) [Determination of Type] Crimes of Official Documents, etc. [Type No. 1] There is no non-business or non-organization (special person) [the scope of recommending area and recommending punishment] basic area, imprisonment for 8 months to 2 years;

(b) Scope of recommendations according to the standards for handling multiple crimes: 8 to 3 years of imprisonment (the maximum of crimes No. 2).

2. Considerations, such as the motive for committing a crime subject to the sentence, the absence of the same criminal records, and the fact that the defendant misleads;

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