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(영문) 수원지방법원 평택지원 2019.06.27 2019고단549
무고등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On February 13, 2019, the Defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution for assault, etc. at Suwon District Court on February 21, 2019 and the judgment became final and conclusive on February 21, 2019.

[Criminal Procedure] While receiving hospitalized treatment at B Hospital in 2015, the Defendant was aware of C, who was hospitalized at the said hospital, and loaned C with KRW 30 million, and then, C borrowed the loan amount of KRW 150 million to D, which was not paid in money, and C heard the phrase “it was impossible to receive money, but the said claim has expired,” and “C shall receive KRW 150 million from D,” and “C shall receive KRW 150 million from D, for which the statute of limitations has expired,” as described in paragraph (1) below, committed the crime with a view to collecting KRW 150 million from D by filing a complaint with D with the effect that it acquired the loan amount of KRW 150 million,00,000,000,000 from D, for which the statute of limitations has expired, as described in paragraph (1) below.

【Criminal Facts】

1. From March 28, 2017 to April 2017, the Defendant changed the following: (a) in the Defendant’s residence located in Pyeongtaek-si, Pyeongtaek-si, the Defendant: (b) recognized that the Defendant was an additional method of borrowing KRW 150,00,000 from D to C on the loan of the said amount as stated in the certificate of borrowing KRW 150,000,000,000 from D using the official approval color pen; and (c) accordingly, received the said amount on a regular basis. The Defendant changed the preparation year from “ September 28, 2000” to “209.”

Accordingly, for the purpose of exercising authority, the defendant altered the above loan certificate in the name of D, a private document related to rights and obligations.

2. On November 21, 2017, the Defendant, at the Gyeonggi-nam Provincial Police Agency located in 223 as the Changwon-gu, Suwon-si, Suwon-si, Suwon-si, and the Defendant, who was the Defendant, borrowed the above D from the Defendant as the Defendant’s party to the lawsuit, is the payment for the completed portion of the construction work, and is not paid up until now.

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