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(영문) 서울북부지방법원 2016.08.25 2015고정2687
사기미수등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 1, 1995, the Defendant had a money transaction.

Although the amount of claim is unknown to C, while the statute of limitations for the extinguishment of the above claim was completed and it was thought that C could not be repaid, it was introduced from around August 2014, and entrusted E to E with the collection of the above claim with the introduction of E, who is an expert in the collection of claims from D.

1. On August 2014, while the Defendant and E in the event of a private document forgery and the instant investigation document examined documents related to the Defendant’s claim against C, the Defendant became aware of the expiration of the statute of limitations that had already been verified in the said relevant document, and subsequently, came to be aware of C’s location by arbitrarily preparing a loan certificate issued in the name of C and receiving an order of correction from the court to find the address of C.

E, according to the above mother, at the G office located on the third floor of the F building in Gangnam-gu Seoul Metropolitan Government, on September 2014, 2014, arbitrarily prepared a loan certificate with the contents of “F building No. 200,000,000 full time, July 30, 2007, the borrower C, and creditors A” using a computer, and then arbitrarily affixed a new C seal on the name of the above C.

On November 4, 2014, E continuously filed a lawsuit claiming a loan with C in the name of the defendant against an employee in charge of receipt of the complaint who is unable to know his/her name that he/she could know about the preparation of the above loan certificate at the Seoul Northern District Court.

Accordingly, the Defendant, in collusion with E, forged a copy of the above loan certificate in the name of C, which is a private document related to rights and obligations, and exercised it.

2. On November 4, 2014, the Defendant and E filed a lawsuit claiming a loan with the purport that: (a) around July 30, 2007, the victim C was the Defendant and the Defendant lent KRW 25 million to the victim around July 30, 2007; (b) but (c) the Defendant did not receive the repayment; (d) thus, the Defendant and E filed a lawsuit claiming a loan with the intent to pay the above KRW 25 million and interest thereon.

However, the facts are presented as evidence by the defendant and E.

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