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(영문) 의정부지방법원 2016.07.15 2016고단1533
공문서변조등
Text

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

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

Reasons

Punishment of the crime

As the bank account in the name of the Defendant was seized on the grounds of tax arrears, the Defendant entered into a contract with the Defendant under the name of the said C while entering into the construction contract with the Defendant to receive the remodelling of the instant hospital from the Defendant’s bank account as the Defendant’s holder, which was entrusted by the owner B, and had the intent to deliver it to B by changing the business registration certificate in the name of the Defendant’s name to the said C.

1. On July 21, 2014, the Defendant altered official documents, using the “forest board” program located in the Defendant’s office located in Songpa-gu Seoul, Songpa-gu, Seoul, changed the part of the name “A” among the can files of the business registration certificate that the business operator is the Defendant to “C” and printed out the file.

Accordingly, for the purpose of exercising, the Defendant modified a business registration certificate for the Defendant, which was named in the name of the head of the dispatching tax office.

2. On July 22, 2014, the Defendant: (a) concluded a contract for construction work contract with B at the construction site office located in Yangju-si, Yangju-si; (b) presented that B was issued a true business registration certificate for the forged public document, as if it were actually issued.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. Entry in B of the written complaint;

1. Entry of a copy of the business registration certificate (No. 15)

1. Entry of a copy of the business registration certificate (No. 14 of the evidence list) and the application of existing Acts and subordinate statutes;

1. Article 225 of the Criminal Act applicable to the facts constituting an offense (a point of altered official documents), Articles 229 and 225 of the Criminal Act (a point of uttering of modified official documents);

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. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as follows) (a) of the suspended sentence is [the scope of applicable sentences under the law] imprisonment with labor for not more than 15 years (a type of modified official document]: One type of modified official document, such as forgery, alteration, etc. of official document among the official document group (a non-business and non-organization).

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