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(영문) 춘천지방법원 강릉지원 2015.04.29 2015고단2
공문서변조등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 21, 201, the Defendant was sentenced to imprisonment of one year and six months with prison labor for fraud, etc. at the early branch of the Chuncheon District Court, and the execution of the sentence was terminated at the original prison on July 11, 2012. On July 17, 2013, the Defendant appealed on July 23, 2013 after having been sentenced to one year of imprisonment with prison labor at the first instance court in the original branch of the Chuncheon District Court as a fraud. On August 30, 2013, the Defendant appealed on September 4, 2013, after having been sentenced to two months of imprisonment with prison labor at the first instance court in the original branch of the Chuncheon District Court as a fraud. The appeal was dismissed and the judgment became final and conclusive on July 23, 2014.

【Criminal Facts】

On August 2014, the Defendant had the intent to alter the certificate of seizure prepared by the judicial police officer E for the purpose of receiving a written agreement from the complainant D, and the provisional return decision of the Gangseo District Court Branch of the Chuncheon District Court. On August 2014, the Defendant entered the paper “38,740,000 won” in the remarks column adjacent to the credit union passbook of the above seizure certificate, and changed the “5.28 on August 28, 2017” to “8.07.”

Accordingly, for the purpose of uttering, the defendant altered the seizure certificate prepared by the judicial police officer or the provisional return decision of the Chuncheon District Court's Gangseo branch court, and then sent the modified seizure certificate and the provisional return decision by mail to the complainant who is not aware of such alteration.

Summary of Evidence

1. Legal testimony of witness D;

1. Written complaint, certificate of seizure, and the text of the decision on temporary return of the Chuncheon district court branch court;

1. Previous convictions in the judgment: Criminal records; the defendant and his defense counsel did not alter or use the certificate of seizure and the provisional return decision paper; and F, which had committed fraud jointly with the defendant, has altered the certificate of seizure and the provisional return decision paper and sent to D by mail.

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