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(영문) 서울서부지방법원 2014.09.02 2014고정1330

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. On December 2013, the Defendant altered a private document by inserting the part of the year as “2012” on the date of “Receipt (to be kept by a supplier)” in the name of the Mapo Environmental Industry Co., Ltd., which was written in the name of “Receipt (to be kept by a supplier)” that was written in the form of “Receipt (to be kept by a supplier)” filed by D with the Defendant on November 26, 2013 at the Defendant’s house located in Mapo-gu Seoul, Mapo-gu, Seoul, and then altering the receipt under the name of the Mapo Environmental Industry Co., Ltd., Ltd., which is a private document concerning the rights and obligations.

2. On December 17, 2013, the Defendant: (a) submitted a receipt altered as stated in the above paragraph 1 to a public service center of the Seoul Western District Court, which was located in Mapo-gu Seoul Metropolitan Government public service center; and (b) as if the receipt altered as stated in the foregoing paragraph 1 was a document duly formed; and (c) submitted it to the preparatory document on December 17, 2013, accompanied by evidentiary materials.

3. Although the Defendant did not clean the septic tank in 2012 for the victim D, who leased the first floor of the building owned by the Defendant located in Mapo-gu Seoul Metropolitan Government, the Defendant alleged that, on December 17, 2013, the Seoul Western District Court submitted a preparatory document on the tax deposit lawsuit in Seoul Western District Court 2013Daso83173, and should be paid after deducting KRW 20,90 from the deposit money. In order to support this, the Defendant attempted to receive KRW 20,900 by submitting a receipt altered as documentary evidence as stated in the foregoing paragraph (2). However, on January 22, 2014, the Defendant failed to commit a crime by withdrawing the claim through a written response submitted to the said court and suspending the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on receipts;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (a point of altering private documents), Articles 234 and 231 of the Criminal Act, and Article 231 of the Criminal Act;