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(영문) 서울중앙지방법원 2014.08.29 2014고정1785
사문서변조등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant was the manager of the Seocho-gu Seoul Metropolitan Government B building from around 1986 to May 2013. Around November 30, 2009, the Defendant changed the amount of “1,354,150” to “1,354,150” in the method of writing “35,150” in the amount on the receipt for cleaning expenses for the septic tank prepared and issued by the Gender business entity cleaning the B building in the management office of the B building around November 30, 2009, and changed the receipt of the private document under the name of the Gender business entity, which is a private document, without authority, for the purpose of exercising rights and duties seven times from the above date to April 8, 2013, as described in the [Attachment 2 through 8] list of crimes.

2. The Defendant was issued KRW 7 million in total seven times from the above date to April 8, 2013, from the above date and time as set forth in the attached Table of Crimes, including the following: (a) the Defendant, at the same time and place as set forth in paragraph (1), presented that the receipt was duly formed and presented to the occupants of B building, including the victim C, who did not know of the forgery of the above receipt, and paid KRW 1,354,150,000,000,000 from the above date and time to April 8, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each receipt (a false copy) and each receipt; and

1. Application of Acts and subordinate statutes to report an investigation (Submission of data by facsimile Co., Ltd. as a witness);

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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