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(영문) 수원지방법원 평택지원 2019.06.04 2018고단1774
사기미수등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 January 23, 2014, the Defendant altered the certificate of loan in the name of B, which is a private document concerning his/her duty, by using “73,000,000,” and using “73,000,000” as a private document in the name of Suwon District Court which is a private document concerning his/her duty, and submitted it to the employees belonging to the court and exercised the altered certificate of loan accompanied by the modified certificate of loan attached to the original copy, at the location of the date in which B was kept in custody, which was in the name of B, the husband of B, who was the husband of the B, and at the location of the date in which B was in custody.

2. On April 19, 2017, the Defendant filed a lawsuit against the victim B, such as a loan, from 1036 to Pyeongtaek-si, Pyeongtaek-do, and the Defendant filed a lawsuit against the victim B.

However, the loan certificate attached to the above complaint was modified by the defendant as stated in Paragraph 1, and the victim did not bear the same obligation as the amount stated in the loan certificate.

As above, the Defendant, by deceiving the above court and obtaining a favorable judgment, tried to obtain money equivalent to KRW 73 million and interest equivalent thereto, which are the amount entered in the loan certificate, but the victim applied for a document appraisal during the lawsuit, thereby confirming that the document was altered, thereby making it impossible to achieve such intent.

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. Each legal statement of witness B and C;

1. A certificate of borrowing;

1. A warden;

1. A written appraisal;

1. Application of statutes governing judgment;

1. Relevant Article of the Criminal Act and Articles 352, 347 (1), 231, and 234 of the Criminal Act concerning the option of criminal facts;

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

1. Although it is inferior to Article 62(1) of the Criminal Code, there is no other penalty power except for one fine;

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