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(영문) 인천지방법원 2015.08.21 2015고정1893
사문서변조등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Around July 11, 2013, the Defendant entered into a contract for construction works with a contractor, namely, “F regional neighborhood living facilities and multi-family houses construction works”, “from July 7, 2013 to December 31, 2013” and “40 million won” of construction costs.

Since then, the starting date was postponed on August 21, 2013 due to the circumstances of the defendant, but the defendant's failure to pay wages to the subcontractor, which eventually resulted in E's direct subcontractor's payment of wages and progress of construction.

Accordingly, E demanded the Defendant to compensate for the amount calculated by subtracting the fixed rate from the pre-paid construction cost, and the liquidated damages from January 1, 2014, and the Defendant had the mind to change the completion date of the construction work contract in order to reduce the settlement amount.

1. Around February 21, 2014, the Defendant altered private documents indicated the “2013-12-31” portion of the “2013-12-31” column as of the date of completion of the construction period of the construction contract for construction works held by the Defendant at the office of the said D company as a pent with the “2014-14--31.”

Accordingly, for the purpose of exercising, the Defendant modified a contract for construction works in the name of E, a private document on rights and duties.

2. The Defendant at the construction site of the F region with the date and time specified in paragraph 1, and at the construction site of the F region, issued a modified contract to E, who is aware of the fact, after attaching the “F root and multi-household new construction work settlement case” document.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement to E by the police;

1. Application of the construction contract, alteration, construction contract, and original Acts and subordinate statutes; and

1. The occupation of an altered private document under Articles 231 (Alteration of Private Document, Selection of Fine) of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning criminal facts, and the occupation of an altered private document.

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