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(영문) 대구지방법원 2014.03.26 2013고정1150
사문서변조등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 28, 2009, the Defendant was sentenced to two years of suspended execution and one hundred and twenty hours of community service orders in the Daegu District Court on the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., and the judgment became final and conclusive on March 11, 2010.

1. The Defendant agreed to operate a restaurant with C and D, and set up a real estate lease agreement in which the lessor and the lessee are the Defendant, while leasing one square column for the Froom in Busan City owned by E and E, and the lessor set up the lease agreement in which the lessor and the lessee are the Defendant.

When the Defendant came to know that the business registration of the above restaurant is impossible due to bad credit standing, the Defendant was willing to change the name of the lessee in the above real estate lease contract to C.

On February 1, 2010, the Defendant: (a) stated that the “Lessee” as stated in the said real estate lease agreement was either blicked to two pages; and (b) changed the “retail” to “Lessee” in the same manner; and (c) changed the name of “Lessee” to “Lessee”; and (d) changed the name of “Lessee” to include C’s address, resident number, and telephone number, without authority, one copy of the real estate lease agreement in the name of “E,” a private document concerning rights and obligations, for the purpose of exercising its authority.

2. On February 1, 2010, the Defendant, on February 1, 201, filed a modified real estate lease agreement with an employee of the Gyeongsan Tax Office, who is unaware of the circumstances, and subsequently, exercised the altered private document as if the said modified real estate lease agreement was a document duly formed.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Legal testimony of witness E;

1. Statement of examination of witness C in relation to the witness C;

1. A real estate lease contract;

1. Previous records: Application of criminal records, etc., each written judgment (Tgu District Court Decision 2009No570, Daegu District Court Decision 2009No1411, Supreme Court Decision 2009Do9746), and other Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and each of the fines shall be imposed on the criminal facts;

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