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(영문) 인천지방법원 2017.07.06 2017고정404
사문서변조등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who operates a “A Authorized Brokerage Office” in Incheon reinforced Military C.

A. Around the end of 2014, the Defendant changed a private document into the foregoing office: (a) stated “On September 22,” written in the column for “the date of the contract” under the name of the Incheon Strengthening-gun, and “the date of the contract” as “the date of the contract” in the “the date of the contract” column for the real estate sale contract under the name of the F,” and entered “the 24th day of October” next thereto.

Accordingly, for the purpose of uttering, the Defendant modified one chapter of the real estate transaction contract in the name of E and F, a private document related to rights and obligations.

B. On January 20, 2015, the Defendant issued a modified real estate transaction contract to a public official in charge of the following facts: (a) the public service center of the competent military court located in the Incheon Strengthening-gun, Incheon Strengthening-gun; and (b) the public official in charge of the public official in charge of the public official in charge of the public service of the competent military

2. On October 24, 2014, the date when the real estate sale contract as stated in the facts charged of the instant case was actually prepared by the Defendant and his/her defense counsel.

However, in the process of preparing the original real estate sale contract, the Defendant entered the date of the contract in September 22, 2014 by mistake, and later, entered the date of the contract in October 24, 2014 in order to find and correct the fact that the date of the contract is different from the actual one.

Therefore, the defendant's act of changing the date of the contract for the sale and purchase to coincide with the actual date of the contract is presumed to be presumed to be the consent of the nominal owner of the contract. Therefore, the defendant does not constitute a crime of altering private documents and a crime of making an altered document.

3. In full view of the following circumstances acknowledged by the court’s duly admitted evidence, the Defendant’s “ September 22, 2014” stated in the column of “the contract date” as stated in the instant facts charged (hereinafter “instant contract”) shall be deemed as “ October 24, 2014.”

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