beta
(영문) 대전지방법원 서산지원 2016.04.21 2015고정317

사문서변조등

Text

1. The sentence against the accused shall be 1,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 7, 2014, the Defendant: (a) around July 7, 2014, leased the head of a camping house to C with a period of one year from July 7, 2014 to July 7, 2015; (b) however, (c) around June 2015, the Defendant had expressed C to C at the above camping site one month prior to the expiration of the lease term by altering the contract date of the lease agreement that the Defendant was holding by the multilateral Defendant.

1. Around June 2015, the Defendant altered private documents at the above C’s house, which contains the contents of “Saeong-gun, Chungcheongnam-do, 20 square meters in terms of location, KRW 20 million in down payment, KRW 7, July 7, 2014, July 7, 2014, and KRW 3,000 in terms of a real estate lease agreement in the name of C, “C,” etc., the Defendant arbitrarily changed the “7” month from the “7 July 7, 2014” as “6” on the date of the contract.

Accordingly, the defendant modified one chapter of the real estate lease agreement in the name of C, a private document on rights and obligations for the purpose of exercising the right.

2. Around June 7, 2015, the Defendant: (a) taken a photograph of the real estate lease agreement that was modified at the above private house with a portable phone; (b) sent the photograph to C’s portable phone as if the document was duly formed.

Summary of Evidence

1. The legal statement of the witness C;

1. The first real estate lease agreement and the data to cut down text messages [In full view of each evidence set forth in the judgment, it can be recognized that the Defendant altered the real estate lease agreement and exercised it as recorded in the judgment];

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 231 of the Criminal Act (the point of altered private documents), Articles 234 and 231 of the Criminal Act (the point of exercising altered private documents), and the selection of fines, respectively;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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