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(영문) 창원지방법원 2017.12.14 2017노1978
사문서변조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding: (1) The Defendant did not alter the lease agreement.

(2) The Defendant received the keys from the victim G to manage 207 units. Moreover, since the place where an article is left belongs to the corridor that is the section for common use, the crime of intrusion on a structure is not established.

B. Improper sentencing: The punishment of the lower judgment (an amount of KRW 4.5 million) is too heavy.

2. Determination

A. In light of the following circumstances that can be recognized by the evidence duly adopted and investigated by this court as to the crime of altering private documents and the crime of accompanying a private document, the Defendant used a private document that altered and altered private document as stated in the facts constituting an offense.

It is reasonable to view it.

The defendant and defense counsel are without merit.

① The lease agreement stating the facts constituting an offense (hereinafter “the lease agreement of this case”) marks the original as it is if it is written on the original as it is in the original.

In that sense, the term “E building 1, 4,” and the term “1, 30 square meters” are indicated in the part of the building in the indication of the real estate, whereas the duplicate written in the place of drinking is indicated only as “E building 4 floor” and “4 floor 30 square meters.”

Since the above "1." part of the original copy of the lease agreement of this case and the remaining letters are different from the luminous characteristics, and there is no stample from the drinking part, and therefore, the part "1." part of the original copy of the lease agreement of this case was modified after the car.

② At the investigative agency and this court, D made the following statements:

C’s agent D, around November 29, 2007, entered into a lease agreement with the Defendant on the fourth floor among the buildings listed in the criminal facts No. 1 of 2017 and 12, and entered into a lease agreement with the “IE” on the first floor.

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