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(영문) 대구지방법원 2015.10.08 2015고단3309
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

Around May 19, 198, the Defendant: (a) lent three million won to the victim C on or around September 19, 1998; and (b) made a loan certificate on or around September 24, 1998; (c) around September 24, 1998, at the time of maturity of three million won and around November 24, 1998; and (d) came to contact with the victim without paying the borrowed money; and (c) around 2008, the Defendant was aware of the fact that the ten-year extinctive prescription of each of the above loans has expired; (d) however, the date of preparation of each of the above loans and the year of preparation of each loan certificate and the six-year period for each of the above loans were changed to the court, thereby deceiving the victim to file a civil suit seeking the payment of each of the above loans.

1. Around July 9, 2013, the Defendant altered a private document: (a) made it not visible to reduce the victim’s “198” in the column of the year that was due by using an authorized color pen without authority for the purpose of exercising the loan certificate issued by the victim on May 19, 1998 and the loan certificate issued on September 24, 1998; and (b) made it not visible to reduce the victim’s “2004” to “198” on the upper end of the year in which the document was due; and (c) made it not visible to reduce the victim’s “204” on the “198” column of the date of preparation, and then altered two copies of the victim’s loan certificate, the private document pertaining to rights and obligations, respectively, by stating “204” on the upper end of the document.

2. On September 26, 2013, the Defendant: (a) filed an application for the payment order of each of the above loan claims with the Daegu District Court located in the Gyeong-dong in Busan-si; (b) filed an application with the victim for the payment order of each of the above loan claims; and (c) filed two copies of the loan borrowed under the name of the victim altered as stated in paragraph (1) of the foregoing Article with the relevant employee with which the name cannot be known as if he

3. The Defendant, who attempted fraud, was at the Daegu District Court Busan District Court located in the Gyeong-dong around September 26, 2013, and the extinctive prescription of the Defendant’s loan claim against the victim is expired.

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