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(영문) 수원지방법원 성남지원 2014.11.13 2013고합136

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

1. Defendant A shall be punished by a fine for negligence 7,00,000 (locks) and Defendant B shall be punished by a fine for negligence 5,00,000 (l millions).

Reasons

Criminal facts

1. On March 31, 2005, the Defendants’ alteration of private documents borrowed KRW 1 billion to Defendant B on condition of receiving KRW 3 months of borrowing and interest KRW 100 million, and Defendant B agreed to set up a right to collateral security on KRW 95,504 square meters of the H type owned by the Defendant B, which was purchased by the Defendant B, on condition of having set up the right to collateral security on KRW 95,504 square meters of the H type of land owned by the Defendant B, and received a written loan from Defendant L, the representative of the clan.

The loan amount column was stated as KRW 1.1 billion in the loan amount column, and the repayment period and the interest amount were in blank.

Defendant

A, on September 2008, at the office of the defendant A located in Gangnam-gu Seoul Metropolitan MM building, for the purpose of applying for a voluntary auction for the land owned by the clan by using the borrowed money borrowed in the name of the clan, the defendant B entered "not later than June 30, 2005" and "two copies per annum (24%) in the interest column, and the defendant B entered the due date and interest at the request of the defendant A.

As a result, the Defendants conspired to make an alteration of a letter of borrowed money in the name of H, which is a private document on rights and obligations, for the purpose of uttering.

2. On October 27, 2008, Defendant A filed an application for a voluntary auction of the land I at the Goyang-si District Court in the Goyang-dong District Court of Jung-gu, Yongsan-gu, Yongsan-gu, Busan-si on October 27, 2008, and submitted to the public official in charge of auction the certificate of the altered borrowed money as stated in the preceding paragraph as if it was duly formed.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement made by a witness L;

1. Report on investigation (report on confirmation of the case of auction);

1. Application of Acts and subordinate statutes to writing a certificate of borrowing money;

1. Relevant Articles of the Criminal Act and the selective alteration of private documents concerning the facts constituting an offense: Alteration of private documents under Articles 231 and 30 of the Criminal Act (Selection of Fines) (Defendant A): Articles 234 and 231 of the Criminal Act;

1. Crimes of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A) are heavier;