사기미수등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On November 27, 2014, the Defendant was sentenced to a suspended sentence of two years on August 5, 2015 at the Suwon District Court Sejong District Court’s Eunpyeong Housing Site for criminal fraud, and the said judgment became final and conclusive on December 5, 2015.
【Criminal Facts】
1. On January 22, 2009, the Defendant altered private documents: (a) lent 10 million won to D on the condition of 5% per interest month at the store of D operation located in Pyeongtaek-si; (b) on the loan certificate form, D made D enter “amount of 0 million won, maturity on November 20, 2009, interest rate on 5% per annum; (c) January 22, 2009; (d) January 22, 2009; (d) the date of the contract; (d) the date of the payment of interest; and (e) the name D’s name D’s seal affixed on its name; and (e) filed a lawsuit against D for the return of loan against D who did not pay its principal; (d) however, D was able to set off the leased principal at interest rate and lower the rate of interest rate on the loan principal to 30% per annum under the Restrictions Act.
Accordingly, on February 2, 2013, the Defendant changed the amount of KRW 20 million to 2.5% per interest month by inserting the “A” on the left side of the “0 million won” as indicated in the letter of delegation to the black body, and additionally stating the “2.5% per month” on the right side of the “5%” as indicated in the column for interest rate.
For the purpose of exercising, the defendant altered the power of attorney in the above D, a private document related to rights and obligations.
2. On February 28, 2013, the Defendant: (a) filed a lawsuit for a claim for the return of loan against the said D at the Suwon District Court Office in Pyeongtaek-si Dong-dong; (b) filed a lawsuit with the public official in charge of name in charge; (c) accompanied with the written complaint, submitted a modified power of attorney; and (d) exercised the power of attorney with the modified name.
3. On February 28, 2013, the Defendant attempted to commit fraud, even though he lent KRW 10 million to the above D, the victim, to the above D, on condition of 5% per month, such alteration was made in filing a lawsuit claiming the return of the loan.