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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant and C were in de facto marital relationship, and D are children of C.
1. On June 28, 2013, the Defendant forged a private document: (a) was in possession of in advance on the name of D of the printed paper, stating that “a certificate of borrowing, creditor: A; the debtor; (b) the amount of borrowed money: KRW 94,00,000 in daily gold-gu; (c) June 28, 2013; and (d) the debtor’s name D.
D his seal has been affixed.
Accordingly, for the purpose of uttering, the Defendant forged one copy of the borrowed instrument in the name of D, which is a private document on rights and obligations.
2. On August 31, 2015, the Defendant exercised the foregoing investigation document by sending it by mail to the Incheon District Court, as if the loan certificate in the name of counterfeit D was duly formed.
3. Attempted fraud.
A. On January 14, 2015, the Defendant filed a lawsuit claiming a loan of KRW 20 million against the victim C (Seoul District Court Decision 2014Ga District Court Decision 2014Da34706) and received a favorable judgment around January 14, 2015, and the victim filed a lawsuit, such as claiming consolation money, against the Defendant ( Incheon District Court Decision 2014Gadan 202829) and received a favorable judgment of KRW 10 million around May 8, 2015.
In preparing a written agreement with the defendant and the victim on June 1, 2015, the defendant set off the above loans of 20 million won and consolation money of 10 million won, and added the costs of litigation 6.80,000 won paid by the defendant to the defendant, both parties agreed to accept the judgment if the victim reimburses the defendant of 16.6.8 million won.
According to the above agreement, the victim transferred KRW 16,780,50 to the account in the name of E designated by the defendant around June 2, 2015, and implemented the above agreement.
Nevertheless, on August 19, 2015, the Defendant still has a final and conclusive judgment related to the above loan claim, and received a notice from the Incheon District Court to order the seizure and collection of the claim No. 20811, which the injured party had against the identity of the stock company, and seized the claim for objection against the claim by the injured party, and on May 20, 2016.