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(영문) 부산지방법원 2018.09.18 2018고정384
사문서변조등
Text

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

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

Reasons

Punishment of the crime

On June 14, 2017, the Defendant was sentenced to a suspended sentence of two months for the crime of forging a private document at the Busan District Court on April 22, 2017, and the said judgment became final and conclusive on June 22, 2017. On May 24, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of altering a public document at the Busan District Court and for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) and the said judgment became final and conclusive on August 31, 2018.

1. On October 14, 2016, the Defendant altered a private document by converting C’s dental records (DNARE RED) into “9/18”, “10/4”, “7/20”, “10/20”, and “10/20”, and “10/20”, respectively, while holding DNA RED’s dental records issued by D dental clinics without authority.

2. The Defendant holding the altered document is written in the indictment on October 16, 2016, stating “No. 17, 2016.” However, according to the description of the investigation report (No. 28, the list of evidence), it is obvious that it is a clerical error in the “No. 16, 2016.”

The above 1. Dental Records, as described in the paragraph, were sent by facsimile to the person in charge of insurance, who is in charge of interesting fire, a marine insurance company without knowledge of the fact.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Statement made by the police against C;

1. Investigation report (the list Nos. 28,29 of evidence);

1. Application of Acts and subordinate statutes of the claim (Evidence No. 9), DENAL RECOD (Evidence No. 12, 48)

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 231 (the point of altered private documents), 234 (the point of exercising altered private documents), and 234 (the point of exercising altered private documents), and the choice of fines;

1. Article 37 of the Criminal Act: Provided, That Article 39 (1) of the same Act shall apply to the treatment of concurrent crimes (the crime of forging private documents, etc. as indicated in the judgment, and the crime of altering public documents);

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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