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(영문) 서울중앙지방법원 2019.08.12 2019고단696
사문서변조등
Text

The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.

Reasons

1. The Defendant in the facts charged is the chairman of the Gangnam-gu Seoul apartment election commission, and C is a person who runs as a representative of the above apartment 7-year representative election. A.

Around May 17, 2018, the Defendant altered the private document: (a) around May 17, 2018, at the election management office of the above apartment, the part of the “influent motive”; (b) the “influent motive”; (c) the “influent motive”; (d) the “influent motive”; (e) the “influent motive”; (e) the “influent motive” of the “candidate’s campaign material” for the election campaign material submitted by C along with an application for candidate registration; (e) the “influent motive”; (f) the “influent motive of embezzlement; (f) the “inf

Accordingly, for the purpose of exercising authority, the defendant altered a summary statement of the candidate C in the name of private document C, which is a private document concerning a certificate of fact.

B. Around May 18, 2018, the Defendant issued an altered private document with a summary record attached to the aforesaid alteration on the promotional bulletin board for the said apartment Ddong elevator.

2. The offense of altering a private document shall be established when a person without authority writes a new probative value by altering the content of a document under the name of another person which has already been authenticly prepared to the extent that the identity thereof is not disturbed, thereby undermining public credibility;

(Supreme Court Decision 2010Do14587 Decided September 29, 201). Documents pertaining to certification of facts refer to documents other than documents pertaining to rights and obligations, which prove facts material to transaction, and which constitute documents certifying facts material to transaction.

In addition, a document proving an important fact in the transaction may include not only the document, the primary purpose of which is to prove the process before and after the occurrence, existence, alteration, and extinguishment of the legal relationship, but also the document containing an expression of intent that may have an effect only indirectly on the change of the relevant expression of intent or the change of rights and obligations. Whether it falls under this.

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