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(영문) 부산지방법원 2016.12.28 2016고단6924
공문서변조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 8, 2015, the Defendant, without authority, issued an import declaration certificate (declaration number: C) under the name of the Busan Customs Office, which is an official document related to the certification of facts: CNR.CHINA, name of the ship: POS TOKKR, origin: CN-AE-03; POS TNM, name of the ship: (i) alter it by stating it as EVVERN, EVGREEN GREE, origin: GN-E-03, and (ii) transmit it to D e-mail on July 8, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes governing the import declaration certificate;

1. Articles 225 and 229 of the Criminal Act applicable to the crimes;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is an alteration of the certificate of import declaration, which is an official document, and its use, and the nature of such a crime is not weak.

However, the sentencing conditions in the records, such as the defendant's age, occupation, character and conduct, family relationship, motive and circumstance before and after the crime, etc. shall be comprehensively considered, and the sentence like the order shall be determined.

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