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(영문) 서울북부지방법원 2013.05.23 2012고단2756
사기미수등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On August 27, 2000, the Defendant: (a) changed the date of the preparation of the loan certificate of this case from “200 to “2009” to “2009; (b) had the loan certificate of this case, which was written by C; and (c) had the loan certificate of this case as “2000,000 won,” which was written by C; and (d) had the loan certificate of this case altered to “200,000,000 won,” and had the loan certificate of this case altered to “209,000,000 won.”

On March 15, 2012, the Defendant, at the public service center of the Seoul Northern District Court located in Dobong-gu Seoul Metropolitan Government, submitted a modified private document to the employees under the above court's name in addition to the written complaint of the claim for repayment of loan that the Defendant had committed as the Defendant, as if the altered loan certificate was duly established.

2. On March 15, 2012, the Defendant filed a lawsuit seeking the return of the amount of KRW 10 million for loans with the victim C as the Defendant at the Seoul Northern District Court’s civil petition office located in Dobong-gu Seoul Metropolitan Government, Dobong-gu, Seoul, and filed a lawsuit seeking the return of the loan amounting to KRW 10 million, thereby having the court rendered a judgment in favor of the Plaintiff, thereby allowing the Defendant to obtain 10 million from the victim, but the Defendant did not actively fulfill the purpose of this lawsuit and did not intend to obtain 10 million from the victim.

Summary of Evidence

1. C’s legal statement;

1. Part of the statement made by C in the suspect examination protocol against the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the loan certificate, copy of complaint, decision of recommending a compromise;

1. Articles 352, 347 (1), 234, and 231 of the Criminal Act applicable to the crimes;

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

1. Article 62 (1) of the Criminal Act;

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