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(영문) 제주지방법원 2011.10.06 2010고단281

사기미수 등

Text

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.

Reasons

Punishment of the crime

The Defendant conspired with C to commit the following crimes:

1. Forgery of private documents;

A. A. Around May 2008, without authority, a document of borrowing that “the victim D borrowed KRW 60 million from the Defendant” by using the computer without authority for the purpose of exercising the right and duty, and then, the victim’s prior seal was affixed to the victim’s name and forged one copy of the letter of borrowing under the victim’s name, which is a private document on the right and duty.

B. For the purpose of exercising the aforementioned temporary warning, a certificate of borrowing stating that “the victim borrowed KRW 30 million from the Defendant” using the computer without authority was prepared, and then the victim’s seal was affixed to the victim’s name and affixed affixed thereto, and forged one copy of the certificate of borrowing in the name of the victim, which is a private document on rights and obligations.

C. For the purpose of exercising the aforementioned temporary warning, a copy of a letter stating that “Nos. 802, 1501, and 1502 shall be awarded in the name of the victim, but the victim shall own 1502, and the defendant shall own 802 and 1501,” using the computer without authority, was forged in the name of the victim, who is a private document concerning the rights and obligations by affixing a seal of the victim prior to the victim’s name.

2. Uttering a falsified investigation document;

A. A. Around May 19, 2008, when filing an application for provisional seizure of Jeju E Apartment 1502 with the public service center of the Jeju District Court, the applicant submitted a forged loan certificate as described in paragraph 1(a) to the court staff who may know of the circumstances, as if it were genuine, and exercised it.

B. Around May 19, 2008, the Jeju District Court’s civil petition office submitted a written response against the Defendant to the Jeju District Court 2008Dadan9937, which filed by the victim, and the court staff who may know of the circumstance, submitted one forged letter as described in paragraph 1(c) as evidence as if it were genuine.