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(영문) 수원지방법원 2018.08.30 2017고단8488

사기미수등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 12, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) at the Suwon Friwon, and the judgment became final and conclusive on August 23, 2017.

1. The Defendant forged a private document: (a) prepared the document stating that “B” and “B” and “B” and the title stating “certificate of loan” on the paper A4 from February 9, 201 to April 29, 201; (b) signed the document stating that “B” and “B” were stolen by holding at B around February 9, 201, the document stating that “B” and “B” in the lower end of the document with the signature of “B” on or before March 17, 2009 to pay the principal from March 17, 2009 to October 1, 2009. < Amended by Presidential Decree No. 23173, Dec. 30, 2010; Presidential Decree No. 22650, Feb. 9, 2011>

B’s seal was affixed.

Accordingly, for the purpose of exercising rights and obligations, the Defendant forged a copy of the loan certificate in B, which is a document related to rights and obligations.

2. On April 29, 201, the Defendant filed an application with the Songpa-gu Seoul District Court for a payment order of KRW 12,140,000 with respect to B, which was located in the Seoul Eastern District Court as Seoul Songpa-gu Seoul District Court, to pay the borrowed amount of KRW 12,140,00,00, and submitted an application for a payment order to the effect that he/she would repay the borrowed amount with evidentiary documents as if he/she had actually completed the falsified borrowed amount as stated in

However, the defendant did not lend 12,140,000 won to B.

As above, the defendant filed a lawsuit, and was issued a payment order of KRW 12,140,00 on May 18, 201 by the above court which is unaware of the fact, but B filed an objection to the payment order on June 18, 201, and thereafter filed an objection to the payment order on June 201, and subsequently, the defendant did not appear in the court and did not achieve that purport by being deemed to have been withdrawn and lost by the defendant as of October 7, 2011.

Summary of Evidence

1. A protocol concerning the examination of suspect against some of the defendant to the prosecution;