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(영문) 서울남부지방법원 2016.01.13 2014고정3493 (1)
사문서변조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On July 9, 2012, the Defendant altered a private document by arbitrarily changing the term “one million Won” in the form of “one million Won” from the power-type stamp issued by B in the office of the law firm Jung-day, Yangcheon-gu, Seoul, the third floor of the building equitable 375 to the third floor of the building.

Accordingly, for the purpose of exercising rights, the Defendant modified the power of attorney in the name of private document B, which is a private document on certification of rights.

2. On July 9, 2012, the Defendant at the time of the alteration of the document, presented it to the staff of the office who was aware of the fact of the alteration of the power of attorney at the law firm Jung-il Office as if the power of attorney was duly constituted.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness B in the third public trial protocol;

1. Application of a process deed and power of attorney statutes;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), 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;

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