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(영문) 서울서부지방법원 2015.02.11 2015고정10

사문서변조등

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around November 1, 2013, the Defendant altered a private document: (a) paid KRW 5 million to KRW 10 million borrowed from B at a multilateral bank near a bus terminal located in the Eunpyeong-gu Seoul Metropolitan Government, and received a receipt from B.

The Defendant thought and delivered the above KRW 5 million to pay the principal of the borrowed loan amounting to KRW 10 million. The Defendant stated that the receipt prepared by B was written in B, and stated that the receipt was written in B, and the Defendant stated that the receipt was written in B, and the Defendant stated several times on that page that “the above (interest portion)” was written in black.

On March 12, 2014, the Defendant voluntarily stated the “principal” under the “C” book “C” in the “E” near Eunpyeong-gu Seoul Metropolitan Government, using a black pen. In addition, the Defendant voluntarily stated the “principal” under the “C” book “C” on several occasions.

Accordingly, the Defendant altered one receipt in the name of B, which is a private document concerning a certificate of fact.

2. Around March 12, 2014, the Defendant, at the public service center of the Seoul Western District Court located in Mapo-gu Seoul Metropolitan Government, presented to the public service center of the Seoul Western District Court, a document that altered the receipt of the altered receipt as if the receipt was duly constituted, by means of a document of a loan lawsuit No. 2013 Ghana79501 in the above court.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Copy of a receipt;

1. Application of Acts and subordinate statutes to a certificate of borrowing and a copy of the statement of performance;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;