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(영문) 수원지방법원 안산지원 2020.05.07 2019고단1607
사기미수등
Text

A defendant shall be punished by imprisonment for six months.

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

1. Forgery of private documents;

A. On September 5, 2017, the Defendant borrowed 57 million won (1,70,000,000) from NNN, and 57 billion won interest, 129 billion won, and 3,080,53,425 won from D’s principal interest, 3,080,53,425 won before December 30, 2017, in order to use D as a document to prevent the expiration of the extinctive prescription period of claims against D without obtaining consent from D. for the preparation of an undertaking. In order to use D as a document to prevent the expiration of the extinctive prescription period of claims against D, said D’s promise to keep the principal and interest on the loan by December 13, 2007, and 1.22 billion won from NNN on January 22, 2008, and on September 5, 2017.

Accordingly, for the purpose of uttering, the Defendant forged a letter of commitment in the name of D, which is a private document on rights and obligations.

B. “Agreement on the Repayment of Loans” in the above Defendant’s residence on September 5, 2017, without obtaining consent to the preparation of “Agreement on the Repayment of Loans” from D. In order to use the same as a document to prevent the completion of the extinctive prescription of claims against D, the Defendant, using a computer, provided that “A: the borrower and the borrower: (a) KRW 1.70,53,425 won: (b) KRW 1,380,53,425 won; (c) the sum of interest on the principal amount plus KRW 1.780,53,53,426 = 3,080,53,53,425 won = A’s interest on the principal amount plus KRW 3,080,53,425 on September 5, 2017; and (iv) the date of repayment is set at 1,200: (a) the interest rate on the route is set at KRW 1; (d) the date of repayment is set at 1, 1.70% from 1,20,210,20.

The defendant is therefore entitled to exercise.

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