Text
A defendant shall be punished by imprisonment for not less than eight months.
except that 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
1. Around December 16, 2011, the Defendant, who attempted to commit fraud, filed a claim for indemnity (201Gahap1924), with the Daejeon District Court of Hongsung-gun, Hongsung-si, Hongsung-si, for the purport that “Defendant C’s creditors have repaid the Defendant’s debt equivalent to KRW 1,967,050,00 on behalf of the Defendant, and the Defendant has paid the said amount to the Plaintiff” (201Gahap1924).
However, the fact that the defendant did not have repaid the total amount of the above amount to C's creditors, and by submitting a false statement of fact, etc. as evidence, deceiving the court and wanting winning judgment from the court.
As such, the Defendant attempted to acquire pecuniary benefits equivalent to the above amount by deceiving the court as above, but did not reach the intent with the wind that was sentenced to dismissal judgment around December 13, 2012, and did not commit an attempted crime.
2. The Defendant forged a document regarding the source of repayment funds to obtain a favorable judgment in a lawsuit claiming reimbursement against C under paragraph (1) of the above Article, thereby deceiving the court.
On April 2012, the Defendant prepared a certificate of borrowing “F borrowed KRW 91,50 million from 1998 to 2005” using a computer from “E” located in Chungcheongnam-Nam Hong-gun, Hongsung-gun, and marked F’s seal which was kept in advance on the name of F.
Accordingly, for the purpose of uttering, the Defendant forged a letter of loan in F’s name, which is a private document on rights and obligations.
3. On October 19, 2012, the Defendant, through an attorney-at-law in charge of Hongsung branch of the Daejeon District Court, submitted a forged loan certificate as stated in the foregoing paragraph (2) to the competent court and exercised it.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement regarding C;
1. A copy of an investigation report (Attachment to Judgment), a complaint, a complaint 201 Gohap1924 ruling;