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(영문) 춘천지방법원 원주지원 2015.12.01 2015고정469

사문서변조등

Text

The defendant shall be punished by a fine of KRW 1,000,000. If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Around May 23, 2013, the Defendant: (a) entered into a lease agreement with B on the land and building C and entered into a real estate lease agreement with B and in possession of one copy of the lessor B and the Defendant’s name; (b) entered the application for business registration in the public service center on the first floor of the original city tax office located in the original city level on July 15, 2013; and (c) entered the last number “C” out of the “C of Gangwon-do original city” as indicated in the column for the location of the said real estate lease agreement in the form of a verification color pen.

Accordingly, for the purpose of exercising, the defendant altered one copy of the real estate lease contract in the name of private document B, which is a private document on rights and obligations.

2. Uttering altered private documents;

A. On July 15, 2013, the Defendant: (a) filed an application for the registration of business in the original liquor tax book as described in Paragraph (1) of the same Article; and (b) exercised one copy of the real estate lease agreement altered as stated in Paragraph (1) to an employee who is not aware of such alteration, as if it were duly constituted.

B. On April 18, 2014, the Defendant exercised one copy of the real estate lease contract altered under paragraph (1) as if it was duly formed, at the F attorney office located in the original city E, to obtain a fixed date of residence transfer from an employee who is not aware of such alteration, to obtain a fixed date of residence transfer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on supplement of complaint;

1. Application of the Acts and subordinate statutes to the complaint;

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

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized, and the defendant has the history of criminal punishment.