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(영문) 울산지방법원 2018.08.08 2018고단1356

사기미수등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 9, 2013, the Defendant altered a private document: (a) borrowed the borrower F and the surety from the multiple “E” located in Ulsan-gu, Ulsan-gu, Seoul-gu, as the victim G; (b) borrowed KRW 65 million on January 9, 2013; and (c) repaid until February 28, 2013.

If the repayment date is set, the right to collateral security is set up on the land owned by the guarantor.

“Preparation of a certificate of borrowing.”

Although the Defendant agreed to guarantee the above 65 million won debt in the above date, at the above time, at the victim G, the victim G agreed to guarantee the above 65 million won debt, in order to claim the loan against the victim with sufficient means of repayment instead of the debtor, the Defendant, without authority, entered the above loan certificate as “joint and several” in front of the word “a surety” in the main text and the signature column using the mix, and altered the above loan certificate as if the victim G provided joint and several sureties.

In this respect, the defendant changed the loan certificate in the name of F and guarantor G in the name of the debtor F and the guarantor who is a private document on rights and obligations.

2. Exercising any forged document;

A. On February 17, 2014, the Defendant filed a complaint against F and Victim G at the Namsan Police Station in Ulsan-gu, Ulsan-ro 35, Ulsan-do, 2014, with the purport that “In spite of the Defendant’s borrowing of money, the Defendant did not have any intent or ability to repay, and did not intend to establish a collateral security, and committed acts of evading fraud, breach of trust, or compulsory execution by receiving KRW 65 million,” the Defendant issued the altered loan certificate to F and F, a slope affiliated with the said police station, as if the aforementioned alteration was duly completed.

B. On August 12, 2014, the Defendant brought a lawsuit claiming a loan amount of 55 U.S. District Court Order 20152, Ulsan District Court Order 2014Ga group 20152, Ulsan District Court Order 2014 to the effect that “the Defendant shall pay to the Plaintiff 65 million won and interest calculated at the rate of 25% per annum from January 9, 2013 to the day of full payment.”