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(영문) 서울중앙지방법원 2017.01.11 2016고단6568
사문서변조등
Text

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

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

Reasons

Punishment of the crime

Of the facts charged in the indictment, the part that does not constitute the facts constituting the elements of the crime (mainly referred to as the "basic facts" column) was deleted ex officio.

1. From May 7, 2015 to December 15, 2015, the Defendant: (a) arbitrarily entered the phrase “501 heading” in the margin of his/her custody certificate, written in the name of the complainant D, from May 7, 2015 to December 15, 2015; (b) on July 8, 2014.

Accordingly, for the purpose of uttering, the defendant altered the custody certificate in the name of D, which is a private document related to the rights and obligations.

2. On December 15, 2015, the Defendant, at the Seoul Central District Court, in accordance with the distribution of Seocho-gu Seoul Seocho-gu, exercised the altered custody certificate as described in paragraph (1) as if it was a document duly formed.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Protocols of pleadings and the results of polypate examination thereof;

1. To describe a copy of a documentary evidence of custody and apply the existing Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 231 of the Criminal Act (the point of altered private documents), Articles 234 and 231 of the Criminal Act (the point of exercising altered private documents), 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. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the following circumstances and the Defendant’s age, sex, environment, motive and consequence of the commission of the crime, etc., shall be imposed in full view of the sentence as ordered.

The crime of this case is committed by altering a certificate of custody in the name of the complainant for the purpose of submitting it as evidence in the lawsuit claiming the transfer of ownership with the complainant, and the crime of this case is not punishable by the nature of the crime.

A favorable condition: The part modified by the defendant is the result of the lawsuit.

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