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(영문) 대전지방법원 2020.11.17 2020고정822
사기미수등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 24, 2004, the Defendant borrowed the amount equivalent to KRW 30 million to the victim B, etc. and was not repaid, and the extinctive prescription has expired and it is inevitable to lose the lawsuit, which led to the failure to apply for a payment order to the court by altering the date of lending the borrowed money, etc. which was received at the time.

1. Alteration of any private document;

A. On August 30, 2018, the Defendant, without authority, revised “2004” as “209” and “2004” as “209” on February 24, 2004 in the name of the borrower “B” and “C”, a joint and several surety, for the purpose of exercising the right.

Accordingly, the defendant altered a letter of borrowed money, which is a private document on rights and obligations.

B. On August 30, 2018, the Defendant, without authority, changed “D” in the name of “B” and “B” in the name of “B”, a joint guarantor, to “2007” on August 11, 2007, without authority, for the purpose of exercising the right.

Accordingly, the defendant altered a letter of borrowed money, which is a private document on rights and obligations.

2. Uttering altered private documents;

A. On August 30, 2018, the Defendant filed an application for a loan payment order with B and C with the public service offices of the Daejeon District Court located in Seo-gu, Daejeon District Court No. 78-ro 45, Seo-gu, Daejeon on August 30, 2018, the Defendant would be entitled to Paragraph 1

As stated in the foregoing paragraph, the borrowed money certificate as modified was submitted and exercised.

B. The Defendant applied for a loan payment order against D and B on the same day as that set forth in the preceding paragraph, and at the same place, to a court employee who is unaware of such circumstances.

As stated in the foregoing paragraph, the borrowed money certificate as modified was submitted and exercised.

3. Attempted fraud.

A. The defendant 2-A

at the same date, time, place, and place as described in paragraph 2(a).

As stated in Paragraph B, the extinctive prescription against the victim B and C is not completed, the application for the order to pay the loan amount of KRW 30 million is filed.

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