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(영문) 창원지방법원거창지원 2020.11.25 2020고정79

사문서변조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 14, 2016, the Defendant leased the above building to the owner of the building B in Gyeongcheon-gun, Chungcheongnam-gun, and paid KRW 30 million as the repair cost for the building, and received a receipt from C for the above repair cost.

The Defendant altered the above receipt received from C, and brought a lawsuit claiming the return of loan against C, etc., and tried to submit it as evidence.

1. On September 2016, the Defendant altered private documents additionally stated the phrase “cash receipt” in the column subsequent to the above receipt, for the purpose of exercising the term in the Defendant’s residence located in Gohap-gun, Gohap-gun.

Accordingly, for the purpose of uttering, the defendant altered a receipt in the name of C, which is a private document on rights and obligations.

2. On September 29, 2017, the Defendant: (a) submitted a written complaint, such as filing a claim for the return of loans with C; (b) submitted the receipt that altered as above, to an employee in the name of the Changwon District Court for the Chang-gu Seoul Special Metropolitan City Branch of Chang-gun, Chang-gun, Seoul Special Metropolitan City; and (c) exercised the same by submitting the receipt that altered as above, accompanied by the evidence No.

3. On November 13, 2018, the Defendant failed to commit fraud by submitting a written complaint, such as a request for return of loan, to which C was the Defendant at the time and place specified in paragraph (2), and submitting a false receipt, accompanied by the evidence No. 6, to obtain pecuniary benefits by deceiving the court. However, on November 13, 2018, the Defendant was sentenced to the lower judgment against the Plaintiff and did not commit

Summary of Evidence

1. Application of Acts and subordinate statutes to each police's written statement of statement C to the defendant's legal statement: The police's written statement and evidential materials (the receipt, the copy of the altered document

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, the choice of fines for the crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;