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(영문) 서울남부지방법원 2018.03.23 2016노2608
사문서변조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) ① The monthly rent contract of this case was changed by F only to the contract date and monthly rent, but the Defendant did not change it, and thus, the Defendant did not change the document; ② Even if not, the Defendant changed the contract date and monthly rent of the above contract after obtaining F’s consent, and thus, the Defendant did not have intention to alter it, and ③ even if it constitutes a family alteration, the Defendant submitted the above contract to the court, as it is true, since the modified contents are true.

Even if the court deceivings the court,

Although the court below rendered a guilty verdict against the defendant, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The judgment of the court below also asserted the same purport, and the court below rejected the defendant's assertion on the ground that the defendant's submission of the monthly rent contract altered as above constitutes a deception against the court in order to claim that the person who changed the date of the contract and the monthly rent in the monthly rent contract in this case was not F, the defendant was not F, and the defendant did not obtain consent to the above change. The defendant submitted the monthly rent contract in this case to claim that the monthly rent contract was concluded on February 28, 2002 between E and E constitutes a deception against the court.

The reasoning of the judgment of the court below is closely examined by comparing the reasoning of the judgment below with the records, and ① the document form, letters, etc. in the document form and the monthly rent contract of this case (the changed document, No. 28 pages) submitted by the injured party (the 12th page of investigation records), most of which are the same as the contract date and the monthly rent. However, it appears that the revised document as described in the facts charged at the investigation agency and the court of the court of the second instance appears to be the contract date and the monthly rent as the contract date, and the F is the first day in the court of the court of the first instance.

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