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(영문) 대구지방법원서부지원 2020.11.25 2020고단280
사기미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around September 11, 2018, the Defendant: (a) filed a lawsuit with the Daegu District Court demanding the return of loan amounting to KRW 24 million (hereinafter “instant lawsuit”); (b) forged a written confirmation under the name of B representative director C, a corporation with the effect that “the Defendant and B did not have any claim or obligation;” and submitted it as evidence for the instant lawsuit.”

1. From the time the victim filed the instant lawsuit to February 2019, the Defendant: (a) stated that “B Co., Ltd.’s representative C directly contact with the F representative G and carried out the electrical construction contract at the site of the construction site of the Gyeonggi-do Pyeongtaek-si Ho Housing Construction Project; (b) as such, there is no interest between E and B Co., Ltd., on the ground that there is no interest between E and E Co., Ltd.; and (c) stated at the bottom that “I mutually confirm that the relationship between rights and obligations written between C and E Representative Defendant will be null and void; and (d) write “B representative C: the representative C of B Co., Ltd.”; and (e) affix a seal under the name of B Co., Ltd., which was arbitrarily rejected thereafter.

Accordingly, for the purpose of exercising, the Defendant forged a letter of confirmation in the name of B representative director C, a private document on rights and obligations.

2. On February 25, 2019, the Defendant submitted a preparatory document on the instant lawsuit to the public service center of the Daegu Suwon-gu District Court, Daegu-gu, Daegu-gu, 364, and submitted a forged written confirmation to the employee in charge who could not know his/her knowledge of the circumstances.

Accordingly, the defendant submitted the above forged document and let the court know of the above fact render a favorable judgment against the defendant, but the above.

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