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(영문) 청주지방법원 2014.05.15 2014고단181
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 1995, the Defendant lent KRW 1,1220,00 to the victim C, and received a cash custody certificate from the victim for the above loan from the victim, and on June 20, 1996, exempted the victim from the obligation of the above loan.

However, around December 23, 2005, the Defendant: (a) stated that “On December 30, 1995, KRW 000,000,000,000,000,000,000 won is a cash custody from an employee A”; (b) stated “On December 30, 1995, 30,000,000 won” as the date of borrowing the cash custody to the “on December 30, 2004,” and altered the cash custody certificate in the name of the victim.

After the completion of the extinctive prescription of the above claim, the Defendant submitted the altered cash custody certificate to the court as if it were the document duly formed, and had been sentenced to the court as if there were claims to return the loan, and received a payment order for the return of the loan against the victim.

1. On June 4, 2013, the Defendant submitted a cash custody certificate in C’s name altered on December 30, 2004 as evidence to the above staff in charge of the above court, whose name cannot be known, when applying for a payment order for the return of loans to C by the Cheongju District Court in the Cheongju District Court in the Cheongju-gun, Chungcheongnam-gun, Chungcheongnam-do., the Defendant submitted a cash custody certificate in C’s name altered on December 30, 2004.

Accordingly, the defendant exercised the altered private document.

2. On June 4, 2013, the Defendant, at the Cheongju District Court, in the Cheongju District Court, in the Cheongju District Court, in the Chungcheongbuk-gun, filed an application for a payment order for the return of KRW 1,122,00,000 with the victim C, and submitted the altered cash custody certificate as evidence as described in paragraph (1).

However, in fact, the cash custody certificate submitted by the defendant to the court was the document whose borrowing date was altered as above, and the defendant's loan claims against the victim were extinguished by the defendant's statement of intent to exempt the defendant's obligation on June 20, 196.

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