Defendant 1 and one other

Macul metal

Attorney Park Ho-hoon

Defendant 1 (Defendant 1 in the judgment of the Supreme Court) is punished by a fine of KRW 5,00,000, and Defendant 2 is punished by imprisonment for six months.

When Defendant 1 fails to pay the above fine, the above Defendant shall be confined in a workhouse for the period calculated by converting 50,000 won into one day.

The three-day detention days prior to the issuance of this judgment shall be included in the period of detention in the workhouse in which defendant 2 was sentenced, and one day is included in the period of detention in the workhouse in which defendant 1 was sentenced.

However, with respect to Defendant 2 (Non-Indicted 1 of the Supreme Court’s judgment), the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

To order the provisional payment of an amount equivalent to the above fine against Defendant 1.

To order Defendant 2 to provide community service for 80 hours.

Defendant 1 is a public official in charge of the welfare of the △△△ and a public official in Grade VII, and Defendant 2 is a person engaged in the construction business. The Defendants conspired to change the name of the ○○ entertainment drinking club located in the ○○○○ (number 1 omitted) operated jointly by the said Defendant 2 and Nonindicted 2 to Nonindicted 2’s wife Nonindicted 3 without the above Nonindicted 2’s consent.

1. Around November 21, 2002, without authority for the purpose of exercising social welfare and office for the viewing of the business operator status, Defendant 1 shall enter in the report on the succession of the business operator status “Non-Indicted 2, Non-Indicted 2, Non-Indicted 3, Non-Indicted 3, Non-Indicted 2, Non-Indicted 2, Non-Indicted 3, Non-Indicted 2, Non-Indicted 3, Non-Indicted 2, Non-Indicted 2, Non-Indicted 3, Non-Indicted 2, Non-Indicted 2, Non-Indicted 2, Non-Indicted 3, Non-Indicted 2, Non-Indicted 2, Non-Indicted 3, Non-Indicted 2, Non-Indicted 2, Non-Indicted 2, Non-Indicted 2, Non-Indicted 3, Non-Indicted 2, Non-Indicted 2, Non-Indicted 2, Non-Indicted 3, Non-Indicted 2, Non-Indicted 3, Non-Indicted 2, Non-Indicted 3, Non-Indicted 3’s name or non-Indicted 21.”

2. At the above date, at the above time and place, three copies of the business operator succession report, transfer certificate, and reason for loss as above were submitted to the staff in charge of social welfare and name unsound viewing, and each of them was exercised in such a way as to file and keep the business operator succession report together with the business operator's status succession report.

1. Partial statement of Defendant 1, Defendant 2’s legal statement

1. Each legal statement of the witness Nonindicted 2 and 4

1. Each prosecutor's protocol of examination of the accused 2;

1. The police statement of Nonindicted 5

1. Report on succession to the status of a business operator, certificate of transfer or takeover, written reason for loss and certificate of business permission;

1. Article applicable to criminal facts;

Articles 231, 234, and 30 of the Criminal Code

1. Formal concurrence (defendants);

Articles 40 and 50 of the Criminal Act (Mutual Crimes of Uttering of Official Inspection Documents at Time of Sales)

1. Selection of punishment;

Defendant 1: Selection of each fine

Defendant 2: Selection of imprisonment

1. Aggravation of concurrent crimes (defendants);

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code

1. Detention in a workhouse (Defendant 1);

Articles 70 and 69(2) of the Criminal Act

1. Inclusion of days of pre-trial detention into the accused;

Article 57 of the Criminal Act

1. Suspension of execution (Defendant 2);

Article 62(1) of the Criminal Act

1. Order of provisional payment (Defendant 1);

Article 334(1) of the Criminal Procedure Act

1. Order to provide community service (Defendant 2);

Article 62-2 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges Cho Jong-hee