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(영문) 부산지방법원 2019.02.18 2018고단5520
공문서변조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 12, 2016, the Defendant: (a) was committed as the Defendant concealed the fact of marriage; (b) was married with B around November 12, 2016; (c) was requested by B to file a report of marriage; and (d) during the period when the report was continued, B would be issued with the Defendant’s family relation certificate and marriage relation certificate; and (c) was committed with intent to alter the Defendant’s family relation certificate and marriage relation certificate so as not to reveal

1. On November 13, 2017, the Defendant changed official document without authority for the purpose of exercising in a PC room where the trade name located near the PC located near the Busan Jin-gu written educational institute. On the same day, the Defendant can can find out the Defendant’s family relation certificate and the marriage relation certificate issued by the Busan Jin-gu office, using the PDF file modification program, deleted the spouse’s items among the family matters of the above family relation certificate, deleted the spouse’s items and details in the column of the above marriage relation certificate, and then printed out them into a local printer.

Accordingly, the defendant changed the family relation certificate and marriage relation certificate in the name of the head of Dong/Dong Busan Metropolitan City, which is an official document.

2. On the same day as paragraph 1, the Defendant: (a) presented to B a family relation certificate or marriage relation certificate altered as Paragraph 1 in front of the Busan Dong-gu Office located in the Busan Dong-gu Office; and (b) exercised the altered public document's family relation certificate and marriage relation certificate as genuine.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. The application of family relation certificates and marriage relation certificates to statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The Criminal Act among concurrent crimes.

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