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(영문) 대전지방법원 2016.12.16 2016고단3297
사문서변조등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Alteration of any private document;

A. On January 1, 2015, the Defendant revised the D Office located in C as “F of joint and several liability surety” by using the modified portion of the D Office in which “F” was indicated as “F as a joint and several liability surety” on January 10, 2014.

Accordingly, for the purpose of uttering, the Defendant modified one copy of the goods supply contract in the name of F, a private document on rights and obligations.

B. On January 1, 2015, at the D office located in Sejong-si, the Defendant revised the “F” of the goods supply contract with G Co., Ltd. on February 14, 2014 by using the modified portion, stating “F as a joint and several surety”.

Accordingly, for the purpose of uttering, the Defendant modified one copy of the goods supply contract in the name of F, a private document on rights and obligations.

2. On March 3, 2015, the Defendant submitted two copies of the modified contract to the Daejeon District Court located in Seo-gu Daejeon District Court, Seo-gu, Daejeon, as if it were duly constituted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police first time with respect to F;

1. The entry in the goods supply contract (the title holder asserts the constructive consent of the change in terms of the error) (the change in the manner consistent with the truth is made without authority. It is difficult to presume that F’s consent could have been obtained because there was a civil dispute between D and F, a stock company with which the Defendant was employed at the time of the change and exercise in this case. The above assertion is without merit) and the application of the law.

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, each of the relevant laws concerning the facts constituting an offense;

1. Crimes of uttering of private documents under Articles 40 and 50 of the Criminal Act among the crimes of uttering of private documents, and crimes with heavier punishment.

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