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(영문) 서울중앙지방법원 2013.11.20 2013고단3045
사기미수등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, while running credit business in the D market located in Songpa-gu Seoul Metropolitan Government, was a person who lent money to E from February 2, 2002 to July 2003 while running credit business in the D market, and that the Defendant was in possession of a loan certificate, promissory note, etc. received from E despite the receipt of all of the loan money after lending the money to the said E, with the intention to acquire the money by means of altering the above loan certificate, the date of preparation of promissory note, the date of repayment, the payment rate, etc., and then raising a civil lawsuit against the complainant.

Around April 23, 2009, the Defendant, without authority, voluntarily stated the phrase “ September 5, 2002”, “the date of payment: the due date of payment: 60% per annum; 60% per annum: the interest rate of March 5, 2003.” Around October 11, 201, the Defendant, without authority, made an application for payment order of the complainant to the Seoul Eastern District Court and submitted a copy of the application for payment order, and exercised the same by altering the loan certificates or promissory notes under Chapter 7, as written in the attached list of crimes.

B. On October 11, 2011, the Defendant received an application for payment order (loan No. 2011, No. 10945) from the Seoul Eastern District Court located in the Dong-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), and submitted a copy of the loan No. 4 through No. 6 of the above list of crimes as evidentiary materials, and on November 9, 201, the complainant filed an objection against the payment order by the court on the above court’s filing of an objection on November 9, 2011, the said payment demand case was implemented as a loan No. 201Ga77963, which was pending in the litigation, and submitted a copy of the promissory note and the loan No. 1 through No. 3,77 as evidentiary materials, upon submitting an application for modification of the purport and cause of the claim to the above court on January 12, 2012.

An application for the above payment order.

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