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(영문) 창원지방법원 2020.08.13 2020고정391
사문서위조등
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is the owner of multi-household CD building located in Gyeongbuk-gun, Seongbuk-gun, and E is the tenant who resided in the above building F from November 2017 to September 2019.

1. On September 2019, the Defendant: (a) discovered a director in the middle of 2019 that the gas park referred to in the above F was inflammable; (b) demanded the Defendant to repair the gas park on his/her own; and (c) requested the E to change the repair cost; (d) the Defendant: (a) accepted the business trip from G Co., Ltd., Ltd., the manufacturing company of the said gas park, and accepted the said gas park; and (b) made a false receipt to display it to E by forging it as if there was repair cost worth KRW 59,000.

On September 2019, the Defendant, at the Defendant’s residence located in the fourth floor of the H building in Changwon-si, entered “G”, “I”, “I” in the name column, “I” in the item column, “gas siren” in the item column, “59,000” in the total amount of the consideration for supply, “59,00” in the item column, and “4,000, 15,000” in the item column, and “59,000” in the aggregate column of “59,000” in the item column.

Accordingly, for the purpose of exercising, the Defendant forged a simple receipt in the name of G, a private document related to rights and obligations.

2. On October 11, 2019, the Defendant: (a) taken a photograph of one copy of a simplified receipt issued in the name of G Co., Ltd., which was forged, as described in the preceding paragraph, from an unspecified land to a mobile phone at around 11:37, 2019; (b) transmitted it to the said E, and exercised it as if it was a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against E, and J’s written statement;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 231 (Forgery of Private Document) of the Criminal Act and Article 234 of the Criminal Act concerning facts constituting an offense;

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