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(영문) 수원지방법원 안산지원 2016.07.14 2016고단1576
공문서변조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On September 21, 2015, the Defendant altered official documents: “The price (in addition taxation) of a motor vehicle listed in the remarks column after copying a motor vehicle registration certificate under the name of the Ansan market at the office located in Ansan-si, Seoul-si, Seoul-si, 744-3 211 (State) of the Republic of Korea-si, Ansan-si, the Defendant changed the portion “7” into KRW 17,887,487, and KRW 487.

Accordingly, the defendant altered the registration certificate in the name of the Ansan market, an official document.

2. The Defendant, at the time and place specified in paragraph 1, submitted the altered official document to the staff in charge of the loan of Vienna Co., Ltd. who may know of the alteration as a document duly formed the registration certificate under the name of the Ansan-si market, at the same time and place as above.

3. The Defendant, at the time and place described in paragraph 1, submitted a document of alteration to the staff in charge of loan of the victim Vien Capital Co., Ltd., at the time and place, followed as if the ex-factory price of the said vehicle was 17,887,487, and applied for a loan in C’s name.

However, in fact, the above vehicle is 14,887,487 won and the collateral value is 12,000,000 won and it was not possible to make a loan to exceed the above collateral value in a normal way.

As such, the Defendant, by deceiving the victim and allowing C to receive KRW 15,00,000 from the damaged person for a loan, under the pretext of the loan, had C obtain pecuniary benefits equivalent to KRW 3,00,000, which is the difference between the expected amount of normal loan and KRW 12,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning D a copy of a protocol concerning the examination of suspect of the police;

1. Entry of a copy of the police statement made to E;

1. Application of the respective Acts and subordinate statutes entered in a loan agreement, each motor vehicle registration certificate, and the motor vehicle registration ledger;

1. Article 225 of the Criminal Act applicable to the crime and Article 225 of the choice of punishment (the point of modification of official document), which is applicable to the crime;

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