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(영문) 서울북부지방법원 2017.02.03 2016고합47
사기등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged was that the Defendant forged a loan certificate in the name of pro-Japanese C, and subsequently, intending to obtain money by filing a civil lawsuit as evidence.

A. On January 26, 2012, the Defendant: (a) provided that “Around January 26, 2012, the Defendant had regularly received the said amount in cash and promised to perform the following provisions at an infinite place by means of “a loan certificate, creditor’s creditor’s 5-dong G apartment 510, G apartment 510, 510, G apartment in Dobong-gu Seoul Metropolitan Government F; (b) the debtor CH, and daily payment (10 million won);

1.The interest shall be 3 per cent per month and shall be paid on the 20th day of each month;

2. The due date for the repayment of principal shall be paid on December 31, 2010;

3. If a debtor delays the payment date of interest for a period of two months on a two-month basis, he/she will lose his/her interest and, even if a creditor requests the balance of the principal and interest, pay without objection;

4.The court having jurisdiction over any dispute over this obligation shall be the court having jurisdiction over the domicile of the obligee;

5. To ensure that the above contract is made and signed and sealed, each one copy shall be kept, and on November 1, 2010, the creditor A “B” stated as C and kept in the debt column in advance.

C's seal was stamped.

Accordingly, for the purpose of uttering, the Defendant forged a copy of a private document C, which is a private document on rights and obligations.

B. On January 26, 2012, the Defendant filed a loan lawsuit with Plaintiff A and Defendant C at the Seoul Northern District Court located in Dobong-gu Seoul, Seoul, Seoul, and submitted a forged loan certificate to an employee under the name-free circumstance as described in the foregoing paragraph (a) and exercised it.

(c)

On January 26, 2012, the fraud defendant filed a loan lawsuit against the victim C with the Seoul Northern District Court located in Dobong-gu Seoul, Seoul, Seoul.

However, in fact, the Defendant did not lend KRW 10 million to the victim C on November 1, 2010, and C borrowed money was forged by the Defendant as in the foregoing paragraph.

Nevertheless, it is not appropriate.

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