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(영문) 대전지방법원 논산지원 2014.11.28 2014고단257

사기미수등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Since April 2003, the Defendant came to know that C (the death of December 28, 2010) who was known from around April 2003, divorced with the previous wife, resided in the rice scambling with her family members, and did not have any contact with her family members, and was dead without having received a judgment of the horse scambling, the Defendant tried to hold a funeral when C died, and thereafter occupy the property such as the lease deposit held by C.

1. Uttering a falsified investigation document;

A. At the time of filing an application for provisional seizure against claim, the Defendant, at the time of filing an application for provisional seizure against claim, submitted to the Daejeon District Court Seosan Branch of Daejeon District Court, on January 10, 201, a copy of the C’s loan certificate stating that “C borrowed from the Defendant the deposit deposit amount of KRW 13 million from the Defendant on May 2, 2003, when leasing the leased building 201 at the time of rice delivery,” which contains the following: (a) the Defendant filed an application for provisional seizure against the deposit of KRW 13 million with the obligor at the time of filing of the application for provisional seizure against claim; and (b) the third obligor filed the application with D as a document attached to the said application for provisional seizure against claim.

B. On October 31, 2013, at the time of filing a lawsuit demanding a loan, the Defendant holding the relevant investigation document was the heir of the deceased C, F, G, H, and I, the heir of the Daejeon District Court Seosan Branch, and the Defendant C.

In filing a lawsuit for a loan claim with respect to KRW 13 million as stated in the paragraph, it was exercised by submitting a forged C’s loan certificate accompanied by a copy to the warden.

2. Attempted fraud;

A. Lawsuit claiming return of unjust enrichment