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(영문) 대구지방법원 김천지원 2015.10.08 2015고단874
사기등
Text

A fine of three million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On January 19, 2001, while operating a sidewalk from around 1999 to around 2008, the Defendant employed the victim E as a main agent and lent the victim F as a joint guarantor the amount of KRW 20 million. The date of borrowing cash car certificate and the joint and several surety certificate was blank.

However, on December 9, 2002, the Defendant filed a criminal complaint against the victim E on the ground of fraud, and sentenced the victim E to six months of imprisonment on January 14, 2004. Although the statute of limitations for the above claim against the victims due to the difficulty in running the business around 2012, the Defendant had attempted to bring a civil suit against the victims by altering the loan certificate and the column of the date of borrowing the joint and several surety loan, despite the lapse of the statute of limitations for the above claim against the victims.

1. On January 19, 2001, the Defendant altered private documents, which was kept by a certified judicial scrivener office located in Gu-U.S. G around the winter-si in 201, additionally stated the following as “S., January 19, 2004” in the blank column of the date of preparation of the joint and several surety under the above E E’s name and the letter of joint and several surety under the above F’s name.

Accordingly, for the purpose of uttering, the defendant modified the letter of joint and several sureties in the name of E, a private document related to rights and duties, and one copy of the letter of joint and several sureties in F.

2. On September 23, 2013, the Defendant: (a) submitted one cash car certificate and one joint and several sureties, which was modified as stated in the above paragraph (1), to an employee who is unaware of the circumstances, at the public service center of the Daegu District Court, Kimcheon-si, Kimcheon-si, Seoul Special Metropolitan City; and (b) submitted a written application for payment order to an employee who is not aware of the circumstances.

3. On September 23, 2013, the fraud defendant filed an application for payment order with the victims on September 23, 2013 with the above old Si court, stating the false fact that "the victims borrowed 20 million won from the defendant on January 19, 2004 or as a joint and several surety, are liable to pay the borrowed money and interest for delay," and the date of preparation is altered on January 19, 2004.

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