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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On December 14, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Wastes Control Act, etc. by the District Court of the Republic of Korea on December 14, 2016, and completed the execution of the sentence on April 6, 2017.
Around June 20, 2017, the Defendant entered into a contract with C to succeed to the operation of the Yangdo basin in Yangju-si. On the same day, the Defendant entered into a contract to lease the Yangdo basin building with E, the owner of the said Yangdo basin.
At the time of the contract on the succession of the operation of the above Yangyang, the defendant and C prepared two copies of the premium contract and divided them in one copy.
However, in the name of a person who is not registered, the phrase “transfer all the rights to the F farm livestock excreta discharge facilities from C to B” was written in the margin of the premium contract that the defendant received.
On June 29, 2018, E filed a lawsuit against B against the Seoul Western District Court on the grounds of the delinquency in rent, etc., the Defendant, by submitting a copy of the modified premium contract to the court to the effect that he/she has the ownership of livestock excreta discharge facilities.
On September 7, 2018, the Defendant had a legal representative, who is unaware of the fact that the alteration was made, submitted a copy of the premium contract in the name of Seoul Western District Court located in 174 as Mapo-gu Seoul, Mapo-gu, and exercised it as evidence as if it were actually prepared.
Summary of Evidence
1. The defendant's partial statement (the fact that a copy of the real estate premium contract is submitted to a court in the market is true);
1. Each legal statement of witness C, G and E;
1. Photographs of premium contract, copy of premium contract submitted to a court, and real estate lease contract;
1. Previous records of judgment: Application of criminal history records, investigation reports, and Acts and subordinate statutes (verification of repeated crimes of suspects);
1. Articles 234 and 231 of the Criminal Act applicable to the crimes;
1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes;