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(영문) 서울서부지방법원 2019.06.10 2019고단568
사문서변조등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

(a) Articles 38(1)2 and 50;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Main facts charged;

A. The Defendant, as the representative of the “AB building Co., Ltd.” in the third floor of Gwangju City, submitted a complaint against “A, which is the Defendant,” stating that “A, the complainant, was unaware of KRW 2,160,00,00 from the complainant under the name of the panel for insufficient portion, on the grounds that the complainant, could not receive the agreed number of travel visitors,” with respect to “A, which operates the “A” in the third floor of Gwangju City.

Around July 25, 2018, the Defendant received the “INVICE (request for a travel contract of KRW 8 million)” from the non-member of the FF association, who had operated a group multi-faced trip through the KF association D, as a mail, on March 8, 2018, and then revised the “1.04, 2018,” “1.00, 5,000, 5,000, 5,000, 900, 1, 160,000, 24 = 24, 24, 52,727,500, 477, 500,” and 27,000 in the TUL column by means of a computer.

Accordingly, the defendant changed one copy of the KINICE in the name of KIND, which is a private document related to rights and obligations, for the purpose of exercising.

B. On July 27, 2018, the Defendant submitted a written complaint to E at the Seoul Mapo Police Station around July 27, 2018, accompanied by one copy of the KINICE in the name of the Seoul Mapo Police Station, and issued the altered report to the police officer in charge of false statement that he/she did not know that the altered report was duly formed.

2. The offense of altering a private document shall be established when there is a risk of undermining public credibility by causing a person without authority to write a new probative value by altering the content of the document in the name of another person, which has already been authenticly prepared, to the extent that the identity is not undermined;

Therefore, there is no document in the name of another person that has already been authentic.

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