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Reasons
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(영문) 창원지방법원 진주지원 2019.06.20 2018고단1646
사문서변조등
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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On August 28, 2016, the Defendant entered into a contract on the lease of a private document, under the condition that deposit money of KRW 30 million and monthly rent of KRW 1 million.

Around that time, the Defendant entered the number of "364" at will without the consent of B, in the column of the real estate in the real estate lease contract prepared at the time of the lease contract for the purpose of claiming that the land is an object of the lease contract even though the land was not included in the object of the lease contract at the later time.

Accordingly, the defendant modified the B-real estate lease contract in the name of the private document related to rights and duties for the purpose of exercising.

2. On August 8, 2018, the Defendant: (a) submitted a written complaint to the civil petition office of the Gyeonggi-do Police Station civil petition to the effect that he/she files a criminal complaint against B; and (b) submitted the modified real estate lease agreement as if it were a lease agreement to prove the fact of the criminal complaint.

Summary of Evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. The police statement concerning B;

1. Copy of the police statement against the defendant;

1. Copy of the complaint filed by the defendant;

1. Each real estate lease contract, and all certificates to be registered;

1. Public announcement of authorization for a project implementation plan of urban planning facilities (road: 1-1, 1-13, 1-14 line among roads);

1. Determination as to the assertion of the defendant and his defense counsel by each investigation report (Evidence List Nos. 20, 26, 28, 29)

1. The Defendant’s assertion on the part of the Defendant stated “364” in the site column of the lease contract at will as stated in facts constituting a crime. However, since the object of the lease contract entered into with B is also included in the building site, the Defendant’s statement on the “364” in the above site column is merely merely a clear setting of what is contrary to the lease contract, and it does not constitute a new probative value.

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