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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Around September 19, 2004, the Defendant: (a) received two copies of the payment note prepared by C to borrow KRW 20 million from D from D and deliver it to D as gambling funds; (b) on September 21, 2004, the Defendant paid the above debt to C and possessed it as it is without delivering it to the said D; and (c) on September 21, 2004, even though the validity of two copies of the said letter of payment has ceased to exist due to C’s full repayment of the above debt, the Defendant was able to use the two copies of the above payment note by altering the two copies of the above payment note, and at around that time, by using an influencing machine, entered “the date of borrowing from July 28, 2003” in two copies of the above payment note in the name of C, respectively.
On March 27, 2007, the Defendant applied for a payment order of KRW 20 million from the Seoul Eastern District Court civil application and office located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, 680-22, to the Defendant as the creditor, and the debtor as C, and filed the application with the public official in charge who is not aware of the fact of the alteration, accompanied by two copies of the payment memorandum as above, and submitted it as if the document was duly formed.
2. In applying for a payment order at the same date, time, and place as above in the preceding paragraph, the Defendant: (a) stated in the cause of the claim that “C grants a total of KRW 20 million to C on June 27, 2003 and KRW 20 million on July 28, 2003, including KRW 10,000,000,000, and KRW 10,000,000,000, not repaid by C; and (b) stated in the said application for the payment order, the Defendant attached and submitted two copies of the said payment statement to C.
However, there is no fact that the victim borrowed money from the defendant while purchasing the above land, and there is no fact that he borrowed the sum of KRW 20 million from the defendant, regardless of the pretext thereof.