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(영문) 광주지방법원 2016.06.24 2016고단1215
공문서변조등
Text

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

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

Reasons

Punishment of the crime

1. For the purpose of exercising an official document as early March 2014, the Defendant altered the official document by changing the “76” part of the Defendant’s resident registration number “C” issued by the head of the Seo-gu Seoul Metropolitan City, Seo-gu, Gwangju to “71” among the resident registration numbers indicated in the Defendant’s resident registration certificate issued by the head of Seo-gu, Seo-gu, Seoul Metropolitan City, to “71.”

2. The event of modified official documents, and the fraud Defendant served as the principal assistant at the “F” restaurant operated by the victim E in Gwangju Northern-gu from March 9, 2014 to April 17, 2014.

around March 10, 2014, the Defendant presented to the victim, who was unaware of the circumstances altered at the above “F” restaurant as stated in the foregoing paragraph 1 as if the Defendant’s resident registration certificate altered was duly formed, and prepared a loan certificate, and there is no money to be used as expenses for the Defendant’s mother’s discharge from hospital.

In the future, 1.5 million won out of 1.6 million won will be paid in advance.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, even if the defendant borrowed money from the injured party under the pretext of paying the benefits, he was thought to use it as the living expenses of the defendant, and there was no other property to repay the money to the injured party.

The defendant exercised the altered official document, and deceiving the victim, and he obtained 1,50,000 won from the damaged person as the borrowed money in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the resident registration certificate of the police statement made to E (A)- of the altered complaint, and the application of Acts and subordinate statutes of loan receipts;

1. Relevant Article 225 of the Criminal Act and Articles 229, 225 of the Criminal Act (the occupation of altering official documents), and 347 (1) (the occupation of fraud and the choice of imprisonment) concerning criminal facts;

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 provides for the reasons for sentencing (i.e., factors favorable to the sentencing) of the suspended sentence.

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