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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
1. On April 24, 2014, the Defendant changed private documents: (a) at the office of the president of a school foundation C private educational institute in Seongbuk-gu Seoul, Seoul; (b) using modified tapes, the signature of the first director’s meeting minutes of the board of directors of the school foundation C in the year 2014; and (c) using modified tapes, the signature of the minutes shall be refused by taking the responsibility for the prior divulgence of the board of directors’ contents to the following portion:
D The phrase “D” and the above D name were written and the D’s signature was omitted.
Accordingly, the Defendant modified the first meeting minutes of the board of directors in 2014 under the name of the president and directors of the school juristic person C, a private document on proof of facts for the purpose of uttering.
2. On April 25, 2014, the Defendant: (a) made an image of the minutes of the board of directors altered as stated in paragraph (1) using computers and scners installed therein at the same place; and (b) posted them on the homepage of the school foundation C private teaching institute as if they were duly formed documents; and (c) made them available for perusal by many names and influences who are not aware of such alteration.
Accordingly, the Defendant exercised the first meeting minutes of the board of directors in 2014 under the name of the president and directors of the school juristic person C, a private document on the proof of the altered facts.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of witness D and E;
1. A complaint;
1. Minutes of the board of directors [the statement of the defendant is based on the defendant's statement that permits D to write down the grounds for refusing to sign the minutes, and D and E's statement also conforms to this, so it can be sufficiently convicted of facts constituting an offense in the judgment];
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 231 of the Criminal Act (the point of altered private documents), Articles 234 and 231 of the Criminal Act (the point of exercising altered private documents), and the selection of fines, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;