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(영문) 의정부지방법원 2018.10.25 2018고정1053
사문서변조등
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

On October 8, 2009, the Defendant loaned KRW 30 million to C with interest rate of 2% per month. On the same day, the Defendant was established with respect to D Building 401 in the name of Seoul, Nam-gu, Incheon on the same day, and applied for a voluntary auction on the said real estate due to the change of the Defendant, and tried to submit as evidence a written agreement on loan business loan transaction agreement. However, the Defendant was willing to submit it to the court after having stated the interest rate of 1% in the column for the loan interest rate of the above written agreement.

1. Around July 2016, the Defendant changed a private document to the Defendant’s office located in Speaker-si, the part stating “1% per month of the loan interest rate” on the paper of the written agreement on loan business loan transaction, using an authorized color pen, to the “2% per month of the loan interest rate”.

For the purpose of exercising as above, the Defendant modified one Chapter of the Loan Business Loan Agreement in the name of C, a private document on rights and obligations.

2. On July 20, 2016, the Defendant: (a) filed an application for a voluntary auction based on the right to collateral security established under the name of the Defendant with respect to No. 401 in the Incheon Southern-gu Incheon District Court located in 163, Nam-gu, Incheon, Incheon; (b) submitted a copy of the agreement on loan transaction of large side business to a public official who is not aware of the circumstances as described in paragraph (1) and exercised it.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against C;

1. Application of the agreement on loan business loan transaction (net 4), agreement on loan business loan transaction (30 million won), application of the agreement on loan business loan transaction (30 million won), and application for voluntary auction of real estate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 231 of the Criminal Act (the point of altered private documents), Articles 234 and 231 of the Criminal Act (the point of exercising altered private documents), and the selection of fines, respectively;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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