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(영문) 광주지방법원 순천지원 2021.01.22 2020고단2239
사문서변조등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2019, the Defendant sentenced B to pay damages liability of KRW 15 million due to a tort to B (2018Gadan 765666), and sentenced B to the risk of being subject to compulsory execution based on the above judgment, the Defendant was willing to evade it by reducing the amount of deposit money for the lease contract for an apartment located at the time.

1. Around January 7, 2019, the Defendant altered a private document: (a) drafted a lease agreement with D, a lessor’s wife, as a lessee for the above apartment at the Defendant’s residence located in Mineyang-si C apartment; and (b) entered D in the column of the above side agreement with D, stating that “A contract may be submitted to D by lowering the income level for children’s special purpose and admission to a new house; (c)” with D’s deposit amount of KRW 10 million; and (d) written a fixed lease agreement stating D’s deposit amount of KRW 60,000,000,000,000,000,000,000,000; and (d) entered the column of the above side agreement with the Defendant’s residence on January 1, 2019.

Accordingly, the defendant modified the lease contract, which is a private document on rights and obligations.

2. On March 8, 2019, the Defendant filed an application for personal rehabilitation with the Gwangju District Court located in 7-12, Dong-gu, Gwangju Metropolitan City, for personal rehabilitation, along with the application form for personal rehabilitation, submitted a modified lease agreement, accompanied by the aforementioned modified lease agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B or D;

1. A copy of a real estate lease agreement;

1. Application of Acts and subordinate statutes concerning personal rehabilitation applications and property lists;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of altered private documents), Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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