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(영문) 서울북부지방법원 2016.09.01 2016고단1588
사기미수등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 15, 2003, the Defendant, as a former certified judicial scrivener, participated in the contract where C sells real estate located in Seongdong-gu Seoul, Seongdong-gu, Seoul. Around January 15, 2003, as a certified judicial scrivener, C deceiving D by means of forging documents, etc., in which C did not have the authority to sell real estate for the above purpose of sale, acquired the purchase price from such person, and demanded the return of the above KRW 500 million from D, which was known that it borrowed KRW 500 million among them, and returned KRW 100 million to F designated by D around 204.

Therefore, even though the Defendant did not lend money to D, the Defendant filed a civil suit claiming that “D borrowed KRW 100 million from the Defendant, but did not repay the borrowed money,” which is false content that “D did not repay the borrowed money to the Defendant, so D would have failed to submit it as evidence for the said lawsuit by forging a certificate of borrowed money in the name of D.”

After that, the Defendant, using an examination-type pen, forged a copy of the loan certificate in the name of D, which is a private document on rights and obligations, for the purpose of exercising his signature on May 30, 2005, stating that “the loan certificate, KRW 100 million will be borrowed and repaid on May 30, 2005, the due date for repayment will be October 30, 2004, Seoul Yongsan-gu G borrower D and creditors A due date,” and that “D and creditors A due date will be affixed to the name next to the above D.”

1. On August 27, 2013, the Defendant presented to the Seocho-gu Seoul Central District Court of Seocho-gu Seoul, Seocho-gu, Seoul, a copy of the forged loan certificate as evidence to the above court, seeking a judgment that “D set the due date for payment on October 30, 2004 and borrowed KRW 100 million from the Defendant on May 30, 2005, but did not pay the amount of KRW 100 million. Therefore, the Defendant did not pay the amount of KRW 100 million and its late payment damages.” As such, the Defendant submitted the copy of the forged loan certificate to the above court that did not know the forgery.

2...

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