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(영문) 부산지방법원 2014.07.14 2014고단3324
사문서변조등
Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Although the Defendants leased approximately KRW 113 million to F, which had been engaged in the studio new construction construction work with the Busan District, from March 19, 2013 to June 4, 2013, the said F would not repay the loan. Defendant A lent KRW 100 million to the said E as security on February 28, 2013, upon the request that the said E lend KRW 100 million to the said E’s land, and the receipt of KRW 100 million was not lent to the said E, and the said E was kept in custody without destroying the above loan certificate. The said F was added to the above loan certificate to the debtor, and the land in the name of the said E was offered as security.

Accordingly, around July 10, 2013, the Defendants entered the sales office operated by Defendant A, who is located in the Geum-gu G apartment 213 Dong 103 Dong-gu, Busan, and the above F entered the loan certificate in the above E E’s name as “debtor FM Busan City Hah,” and read it back to the name, and the Defendants entered as “creditor I and A”.

Accordingly, in collusion with the above F, the Defendants modified one copy of the loan certificate in the name of E, a private document on rights and duties.

2. On July 19, 2013, the Defendants: (a) received an application for a provisional seizure order against E on the real estate under the name of the Busan District Court, which was located in the Busan District Court’s Doo-dong-dong-gu; and (b) submitted as evidence the altered loan certificate as if it were a document duly formed, and exercised it.

Summary of Evidence

1. Defendants’ respective legal statements

1. A certified copy of the protocol of examination of prosecution concerning F;

1. A copy of each police statement of E;

1. Application of the Acts and subordinate statutes to a certified copy of a loan certificate, a determined copy (an objection by provisional attachment 2013Kadan7973).

1. Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act concerning the facts constituting an offense (the point of presenting a private document), and Articles 231 and 30 of the Criminal Act, and fines;

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