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(영문) 수원지방법원 평택지원 2015.06.26 2014고단1958

사기등

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On January 15, 2010, the Defendant: (a) around January 15, 2010, to the obligor C, the Defendant: (b) lent KRW 50 million to C in fact; and (c) received a certificate of 60 million in fake loan in consideration of the existing debt amount.

B, while lending B, written the loan certificate (hereinafter “the loan certificate of this case”) and requested D to sign the above loan certificate as an observer to verify the above loan. It was authorized by D.

On the same day, the Defendant presented D a loan certificate stating “name C, observer’s name D” in advance at the construction site of the Lao Science Complex located in the Yongsan-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and D signed a letter stating D’s name.

When the Defendant was unable to receive the above loan from the above C, the Defendant altered the above loan certificate by means of writing D with the above signature affixed to the loan certificate as the surety, and had the intent to apply for an order to pay the deposit claim.

Around June 2011, the Defendant changed a private document, at a place not known to him/her, stated the phrase “A” on the left side of the observer’s “name D” portion as indicated in the said loan certificate in the color of the observer, and additionally stated the phrase “A” on the copy of the loan to F, an attorney E, who delegated the attorney E, who delegated the duties of applying for the payment order, stated the phrase “A” in the copy of the loan.

For the purpose of exercising authority, the Defendant modified the loan certificate and the loan certificate in the above D name, which is a private document related to rights and obligations.

B. On June 28, 201, the Defendant of an altered private document filed an application for a payment order to the effect that the said F is claiming a deposit of KRW 60 million and interest interest from the public service center of the Suwon District Court (Seoul District Court) located in Pyeongtaek-si (1036) for the payment order against the said D, and as if the copy of the altered loan certificate was duly established, he/she is aware of such alteration.