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(영문) 부산지방법원 동부지원 2019.05.02 2019고단127

사기미수등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 25, 2002, the Defendant loaned money to the victim B, but the victim did not pay the above money, on or around 2003, filed a complaint with the victim for fraud. Around May 2, 2003, upon agreement with the victim, the Defendant prepared one copy of “the car loan certificate” in the name of the victim and C, and had prepared and kept one copy of “the car loan certificate” in the name of the victim and C on or around May 17, 2003, and tried to file a lawsuit to return the loan against the victim by arbitrarily stating the date of preparation of the loan certificate and the loan loan certificate and the date of repayment of the principal.

1. Alteration of any private document;

A. On May 2, 2018, the Defendant: (a) at the Defendant’s residence located in Suwon-gu, Busan, the part of “3” in the column of “2003” as of May 2, 2003, on the date of drawing up the loan certificate in the name of the victim B and C, was written in black-type, and changed one copy of the loan certificate, which is a private document with respect to rights and obligations, without authority, for the purpose of exercising the right. (b) The Defendant changed one copy of the loan certificate without authority at the same place as in the foregoing paragraph prior to spring of spring on May 17, 2003; and (c) at the same place as in the foregoing paragraph prior to spring of spring on May 17, 2003, the “3” portion of “2003” in the “203” on the date of paying the principal and preparing the loan certificate in the name of the victim B

Accordingly, for the purpose of exercising authority, the Defendant modified a copy of the borrowed money certificate, which is a private document on rights and obligations.

2. Around May 8, 2018, the Defendant: (a) filed a claim for the return of the loan against the said B at the Busan District Court’s Dong Branch Branch Branch of the Busan District Court, Busan District Court, 112-ro 20,000; and (b) filed a claim for the return of the loan against the said B; and (c) filed a claim for the said alteration with the employees under the name of the said public service office, who are unaware of the alteration as described in paragraph (b) with the accompanying documents, as if they were duly concluded.

3. The Defendant who attempted to commit fraud shall be the same date, time, and place as stated in paragraph (2), and the facts shall be 22 million won to the victim on May 17, 2008.