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(영문) 서울동부지방법원 2017.04.27 2016고단1546
무고등
Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than six months for a crime set forth in the holding of the defendant.

(b).

Reasons

Punishment of the crime

[criminal records] On December 23, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court (Seoul Southern District Court) on June 11, 2015, and the said judgment became final and conclusive on June 27, 2015, and completed the enforcement of the sentence at the Seoul Southern District Court (Seoul Southern District Court).

[Criminal facts]

1. On July 23, 2012, the Defendant: (a) borrowed KRW 40 million from D, but was unable to repay the principal and the interest on the contract; (b) subsequently, D and other creditors filed a complaint against the Defendant in fraud against the Defendant, and subsequently, (c) as to KRW 50,000,00,000, plus interest on the principal, the said debt, and the said interest; (d) the Defendant was the obligor; and (e) the Defendant was able to prepare a monetary consumption lending agreement with the jointly and severally surety.

A. On February 2, 2014, the Defendant: (a) drafted two copies of a loan agreement of monetary consumption and loan of KRW 25 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

E’s seal, followed D arbitrarily write “E”, “F”, and “Seoul Gangseo-gu Seoul Metropolitan Government G” on the debtor’s name column of Chapter 1 of the Monetary Consumption and Loan Agreement in which the same amount is stated, and thereafter, D had D arbitrarily write it on the debtor’s name column of the same amount, and had them hold in advance subsequent to that name

The E’s seal is affixed and the E’s seal is affixed to the monetary consumption lending contract of the above two Chapters, and the E’s private document concerning the rights and obligations was forged.

B. The above date, time, place, and the name of E forged as above.

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