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(영문) 창원지방법원 통영지원 2019.06.24 2019고정111
사문서위조등
Text

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

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

Reasons

Punishment of the crime

From January 1, 2013 to June 16, 2018, the Defendant served as the head of B apartment management office, and was in charge of the occupants’ management expenses, the management of apartment facilities, the management of public goods for public use, and the purchase of goods. The Defendant provided that the company selling the goods “a request for a new receipt to prepare for the case of loss of receipts for the goods purchased,” and that each company’s representative’s seal affixed a simplified receipt for the blank form on which each company’s seal is affixed.”

When the council of occupants' representatives conducts an audit of apartment buildings, the Defendant thought to prepare a false receipt that will substitute the receipt that is lost using the above simple receipt, and on September 13, 2014, at the management office of the apartment B apartment at the time of the apartment, the Defendant did not obtain permission from C representative D on September 13, 2014, and even if C did not purchase the above temporary goods at the time, the Defendant stated that the receipt in the name of C representative D, which was held in advance, as above, “as of September 13, 2014,” “20,000” in the total amount of proceeds from sale, “recycling vinyl”, “1” in the item column, “20,000” in the item column, and “20,000” in the unit price column, and on the same day, the management office kept a forged receipt and available for perusal as above.

Accordingly, for the purpose of exercising a certificate, the Defendant forged and exercised a receipt in the name of C representative D, which is a private document related to a certificate of fact.

From that time until July 26, 2017, the Defendant: (a) forged receipts for the purpose of exercising them over four occasions, as described in the list of crimes in attached Form 1, and exercised them respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on simple receipts;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines for each crime;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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