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(영문) 전주지방법원 남원지원 2013.04.30 2013고단1
사문서변조등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 22, 2011, from around July 2, 2012 to around July 2, 2012, the Defendant modified a construction work contract in the name of D, which is a private document concerning rights and obligations, for the purpose of exercising the construction work in the column of the construction work contract signed between C and D on June 22, 2011, stating “(it may be a delay in construction work at the time of Dacheon)” as “construction work period.”

2. Uttering altered private documents;

A. On July 2, 2012, the Defendant submitted documents related to the application for payment order against D in the petition office of the Jeonju District Court, and submitted the construction work contract altered as stated in the above paragraph (1) to a staff member of the above court who was unaware of such alteration, and exercised it as if it were a genuine document.

B. On August 3, 2012, the Defendant submitted documents related to the lawsuit for construction cost claim against D in the petition office of the Southern District Court in the Jeonju District Court, and submitted a construction work contract altered as stated in the above paragraph (1) to a staff member of the above court who was unaware of such alteration, and exercised it as if it were a genuine document.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of suspect C by the prosecution (including the F and each statement in D);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime (a point of altering private documents, choice of fines), and Articles 234 and 231 of the Criminal Act (a point of exercising private documents for alteration and choice of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant guilty of Article 334(1) of the Criminal Procedure Act provides two copies of the contract at the time of preparation of a construction work contract stated in the facts constituting a crime as stated in the judgment, and carries the same words as stated in the contract to be kept by E with the consent of his mother E.

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