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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The Defendant knew that the statute of limitations has expired ten years after lending money to the victim B, and thus, there is no possibility of winning the lawsuit even when filing a civil suit, and had the intent to apply for a payment order against the victim by making a part of the year of borrowing as stated in the loan certificate. On August 6, 2017, the Defendant applied for a payment order with the Defendant’s house located in Daejeon Seo-gu, Daejeon as follows: “On March 28, 2007, the date of borrowing the loan certificate received from the damaged party by using an authorized stample,” “On March 28, 2009,” and changed the private document in the name of the victim with regard to the rights and obligations. On the same day, the Defendant filed an application with the Daejeon District Court located in Seo-gu, Seo-gu, Daejeon, Daejeon, to submit the altered private document to the public official and to pay 6,500,000 won of the borrowed money with the above altered loan certificate (the Daejeon District Court Decision 2017Da5167, May 297, 20197).
Summary of Evidence
1. Statement by the defendant in court;
1. A complaint (B);
1. Application of Acts and subordinate statutes to a copy of loan certificate altered or a written application for payment order;
1. Relevant provisions of the Criminal Act and Articles 231, 234, and 347 (1) of the Criminal Act concerning the crime, the selection of fines, and the selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. There was no record of the same crime as the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment, and some reduction was made by taking into account the nature of the crime of altering the private document of this case and exercising the document of this case committed to apply for a payment order through a loan certificate for which the statute of limitations has expired, the nature of the crime committed by altering the private document of this case and exercising the document of this case