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(영문) 서울중앙지방법원 2017.12.22 2016고합1389
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

B A person shall be punished by imprisonment for one year.

However, with respect to Defendant B, the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 18, 2013, Defendant B forged Private Document: (a) using a computer for the purpose of exercising the loan on “L real estate” operated by the Defendant in Jongno-gu Seoul, Jongno-gu, Seoul; (b) calculated the loan amount by the time the loan amount is fully repaid in the column of “0 million won”, “the date the loan amount is due and the amount repaid” under the title of “L real estate”; and (c) the “interest” column by February 8, 2013.

Provided, That even if the amount exceeds one day, it shall be calculated on a monthly basis; the “date of preparation”; the “M” column shall be indicated as “M” (hereinafter “written loan certificate from December 12, 2012”); and the “daily” column shall be calculated by the time the loan amount is fully repaid,” under the title “written loan” (hereinafter “written loan certificate”); and (ii) the term “daily loan” column shall be calculated by March 18, 2013; and the term “interest” column shall be calculated by the time the loan was fully repaid.

Provided, however, even if it exceeds one day, the monthly calculation shall be made, and “date of preparation” shall be as follows: “M” shall be read as “the certificate of borrowed money issued on January 18, 2013” and “M” shall be read as “the certificate of borrowed money issued on January 18, 2013” (hereinafter “the certificate of borrowed money issued on January 18, 2013”; and the two copies of the above certificate of borrowed money issued on the loan shall be printed out and affixed a seal impression of M on the name of M.

Accordingly, the Defendant forged two copies of the borrowed money certificate in M name, which is a private document on rights and obligations.

2. On September 30, 2013, Defendant B filed a lawsuit claiming a loan (No. 2013da 261707, hereinafter “instant civil lawsuit”) against Defendant B at the Seoul Central District Court located in Seocho-gu Seoul Central District Court, Seocho-gu, Seoul, to the effect that “the Defendant shall pay KRW 50 million to the Plaintiff” (No. 261707, hereinafter “instant civil lawsuit”), and Defendant B presented two copies of the forged loan certificate to the employees in charge of the name in the public service center who knew of the forgery.

3. The Defendant B, on September 201, 201, committed fraud.

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