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(영문) 대구지방법원 2014.04.04 2013노2666
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that the Defendant, at his own discretion, stated the date of preparation and the date of repayment on the loan certificate of this case, the Defendant, at the time of filing an application for payment order against I (H prior to the name of each name), did not change the date of the lease and the date of repayment to the above loan certificate to the date on which the extinctive prescription has not been completed in order to conceal it with the knowledge that the extinctive prescription of the aforementioned prepaid payment claim has expired, not to mention the above loan certificate of this case by the date on which the payment was not completed, but to mention the date of the loan and the date of repayment by mistake in recognizing the date of payment of the actual existence of the prepaid payment claim

B. The lower court’s sentence of unreasonable sentencing (three million won by fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts or misapprehension of legal principles (Fraud part)

A. The summary of the facts charged is that the Defendant, on May 2012, 2012, moved from the Da Office located in Daegu Northern-gu Office to another business establishment, G received a prepaid payment from the owner of the J entertainment tavern. Despite the lapse of 10 years from the statute of limitations on the prepaid payment claim, the Defendant was able to receive a prepaid payment from I, a joint and several surety for the said obligation, even though the said claim had expired.

When the Defendant filed an application with I for a payment order with the above court Nos. 2012 tea4839, the Defendant attached a loan certificate altered by inserting it as follows: “I, on the condition that I will work at the Fju stores located in Suwon-gu, Daegu-si, the said amount. I, on the date of preparation of the loan certificate stating “I, I, the borrower, I, and H (I), the joint guarantor, I, the date of payment, and the loan certificate without the date of payment (hereinafter “the loan certificate of this case”) by using an authorized color pen on January 4, 2004 and March 4, 2004.”

As above, the Defendant orders the above court to pay false contents.

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