(영문) 전주지방법원 2016.05.27 2016고정281

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(영문) 전주지방법원 2016.05.27 2016고정281

변조사문서행사등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 9, 2004, the Defendant: (a) while engaging in money transactions, such as lending and receiving money from the victim D who had been in need of the advance payment to the contact loan at any time while operating a entertainment store in around 2004, the Defendant was unable to repay the borrowed money to the victim who was the wind who did not pay the advance payment; (b) on July 9, 2004, the Defendant determined the Defendant’s obligation to the victimized person as KRW 179 million; and (c) agreed to pay the principal amount only with the interest rate, overdue interest, and the date of repayment to the victim, the Defendant was issued a loan certificate in the name of the victim with the intention to pay the borrowed money.

Around August 17, 2015, the Defendant: (a) filed a claim suit against the victim (former District Court Decision 2015DaGa26438) with the Jeonju District Court on August 17, 2015; (b) submitted a modified loan certificate to an employee under his/her name, who is not aware of the fact that he/she did not repay the above amount in full; and (c) filed a lawsuit for the repayment of the loan against the victim without authority to file a complaint against the victim; and (d) stated “12% per annum” in the column of interest rate and overdue interest rate of the private document, which is a private document, concerning rights and obligations, and “30.” (e.g., July 30, 2007) on the date of the change; and (e) filed a claim suit against the victim (former District Court Decision 2015DaGa264388) and filed a modified loan certificate with the said court to order the victim to pay the amount from the above court to August 1, 2007.

Accordingly, the Defendant exercised the borrowed document in the name of the victim altered, and attempted to acquire the interest at the rate of 12% per annum from the damaged person until the above borrowed money and the change of the interest.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against the defendant;

1. Statement made by the police against D;

1. A complaint;

유사 판례

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