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(영문) 춘천지방법원 강릉지원 2016.08.18 2016고단604
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 30, 2011, the Defendant: (a) provided F with an amount of KRW 40 million at E-cafeteria located in D permanent market at Samgjin-si; (b) agreed to receive KRW 2,400,000,000, including the monthly interest of KRW 400,000,000,000 from the 20-month month; and (c) written a loan certificate stating F as the debtor, G as the joint guarantor (the due date for payment, the interest interest).

1. On September 30, 2013, the Defendant altered a private document at the I certified judicial scrivener office located in Gangnam-si H. In order to receive money from F, a joint guarantor of F, the said F, who did not repay his/her debt, the Defendant changed the F, a private document, which is a private document concerning his/her rights and duties, and a letter of loan borrowed in G, under the name of F, the joint guarantor of F, the said F, along with the foregoing office, to the effect that the J was acting in the said letter of loan; “the due date: July 30, 2013;” “interest: two copies”; and “F,” which is a private document concerning his/her rights and duties, and one copy of the loan instrument borrowed in G.

2. On October 22, 2013, the Defendant filed a lawsuit for a loan claim against F and G at the Gangnam branch of the Chuncheon District Court located in 3288-18 as Seoung-si, Gangnam-si, and exercised a copy of the borrowed money certificate as stated in paragraph 1 as if it were a document duly formed.

3. On October 22, 2013, the Defendant filed a lawsuit for a loan with the Chuncheon District Court Branch of Gangseo-gu District Court located in 3288-18 as of March 22, 2013, as stated in paragraph 2, and submitted as evidence the loan deposit certificate altered as described in paragraph 1. The cause of the claim for the loan was “the Plaintiff (Defendant) lent the F with the amount of KRW 40 million on November 30, 201, the Plaintiff (Defendant) lent the amount of KRW 20,000,000 to F, and the due date was fixed as G with the guarantor until July 30, 2013. However, F did not pay this funds, but at all, paid the loan amount of KRW 40,000,000 and interest agreed upon even after the due date was expired.

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