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(영문) 부산지방법원 2013.09.12 2013고단2836
사기미수등
Text

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

except that 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

1. Around June 13, 2012, the Defendant altered a private document by means of entering “5 years” of “5 in the part of “2005” as of the date of drawing up the loan certificate 200 million won, which was drawn up by D without authority, on August 21, 2005, on the part of the Defendant, using a black pen to “6” with the purpose of exercising the right and duty and one copy of the loan certificate in the name of D, a private document concerning the certification of facts.

2. On June 13, 2012, the Defendant submitted to the Busan District Court a copy of the loan certificate in the name of D, which was altered as above, to the court official in charge of the name-free statement.

3. On June 13, 2012, the Defendant would pay 200 million won to the Defendant jointly and severally with one copy of the loan certificate in the above name of Busan District Court.

‘The request for the payment order' was made.

However, in fact, the defendant was jointly and severally guaranteed by E and F, and 200 million won were fully repaid from D, and the date of preparation of the above loan certificate was modified as above.

As such, although the Defendant, by deceiving the court, tried to have the payment order confirmed by the court, he did not bring the intent into an attempted crime because D was the wind of responding to it.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police officer's statement about D and G;

1. Complaint;

1. A copy of the ruling of provisional seizure of real estate;

1. Copy of the loan certificate;

1. Details of loan and repayment, and transaction details of passbooks;

1. Copy of the register or copy of payment order;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of civil litigation records, etc., attachment of borrowed certificates, etc.);

1. Relevant attempts to commit a crime: Alteration of private documents under Articles 352 and 347 (1) of the Criminal Act: Exercise of private documents under Article 231 of the Criminal Act: Articles 234 and 231 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The defendant under Article 62(1) of the Criminal Act is suspended of execution.

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