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(영문) 부산지방법원 2014.09.25 2014고정1054
사문서변조등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around August 14, 2009, the alteration of private document entered "2" in the interest column of D's loan certificate for KRW 32,900,000,000 as claimed in the auction procedure against the defendant's office located in the Busan High-dong Office in Busan High-gu, Busan High-gu, with the aim of using it for applying for dividend of KRW 32,90,000,000 in the amount claimed at the office of the defendant's office located in Busan High-dong, Busan High-gu.

Accordingly, the defendant altered private documents on rights and obligations.

2. When the Defendant filed an application for dividend at the Busan District Court located in the Busan District Court located in the Busan District Court on the date and time stated in Paragraph 1, the Defendant submitted the altered loan certificate to the public official in charge who may have knowledge of the fact that it was true.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E respective legal statements;

1. Application of Acts and subordinate statutes to a copy of the loan certificate altered;

1. Relevant provisions of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and selection of fines for each crime;

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Where the alleged defendant lent KRW 30 million to D on December 23, 2008, he/she agreed to pay interest of KRW 2% per month if he/she could not repay the money by January 7, 2009, which is the due date, and thus, adding "2" to the interest column for the certificate of the loan in this case is consistent with the substantive relationship and the case where D's presumed consent is obtained.

Therefore, the defendant's act does not constitute a crime of altering or accompanying private documents.

2. The crime of forgery or alteration of a private document refers to the preparation of a document under the name of another by a person who is not authorized to make the document, and thus, the nominal owner at the time of preparation or alteration of the private document.

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