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(영문) 창원지방법원 통영지원 2015.09.07 2015고정445
사문서변조등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

1. Around August 20, 2014, the Defendant altered private documents: (a) at the Changwon District District Court Tong-dong civil petition office located in Yongnam-si, Yongnam-si; (b) the Defendant was awarded a contract for the construction work of a high plant in the amount of KRW 1.5 billion from a stock company to the effect that the Defendant was awarded a contract for the construction work of a high factory in the name of the Defendant and the stock company B to the effect that the Defendant was awarded a contract for construction work of a new construction work in the name of the subcontractor and the construction work contract in the name of the Defendant and the stock company, May 7, 2013; (c)

In addition, the Defendant stated the “transfer to a subsequent comprehensive construction project” on the side of the subcontracted construction order of the copy.

Accordingly, the defendant altered one copy of private document in the name of corporation B on rights and obligations without authority for the purpose of exercising his/her rights.

2. The Defendant submitted to the official in charge of receipt of civil petition documents a copy of the standard contract for construction works altered as stated in paragraph 1. at a time and time at which the copy was not known that the copy was altered.

Accordingly, the defendant exercised one copy of the altered private document.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of statutes governing each contract agreement for construction works;

1. Relevant provisions of the Criminal Act, Articles 231, 234, and 231 of the Criminal Act, as to the facts constituting an offense, and the selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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