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(영문) 인천지방법원 2017.02.10 2016고정2957
사문서변조등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. The Defendant was the de facto owner of the E-pention (hereinafter “instant pention”) in the name of his wife C, and F was the president of the cooperation firm operated by the Defendant and found to be the above pention with A.

On the other hand, friendly G (28 tax) concluded a lease agreement with the Defendant (title C). The period between them was from January 13, 2013 to January 12, 2015, and the leased object was decided to lease the gate, office, etc. of the instant pen. The victim operated and managed the instant pen since around that time.

After the termination of the above lease contract, the victim wanted to extend the contract, and the defendant also consented thereto, and the victim transferred the rent of KRW 7.2 million to the account in the name of the defendant's wife C, and the contract was concluded orally by January 12, 2016.

However, around July 28, 2015, the Defendant unilaterally notified the victim of the fact that he/she ought to undertake a pentry remodeling project from around August 2015, but the victim refused it, and the Defendant deemed that he/she “the remainder of the rent is reduced” to the victim, and the victim “to the extent that it does not interfere with the business,” and the Defendant also consented thereto.

B. On October 2015, the Defendant changed a private document entered “(2) floor” on the part of the part indicated “D, Egypt, Egypt, and Dong Office” in the column of the location of the instant property indicated in the “paragraph 1” of the lease agreement of the instant pentol, which was made around January 13, 2013 at a coffee shop where it is difficult to find out the trade name in the middle and following the end of the period, and entered “(2) floor” on the part in which the instant pentol-si, Egypt and Dong Office cannot be seen.

Accordingly, the Defendant modified the real estate lease agreement made in G and C name, a private document on proof of fact for the purpose of exercising the right.

(c)

Around October 10, 2015, the Defendant who interfered with business is the lease period with the victim in relation to the instant pension.

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