사기미수등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On February 18, 2011, the Defendant is the Plaintiff at this court’s general civil petition office as the Plaintiff, and the victim C (the age of 68) as the Defendant, and the victim C, as the Defendant, “C,” and the “claim” column “1. The Defendant pays to the Plaintiff money in proportion to 22,752,250 won and 20% per annum from the day following the delivery of a duplicate of the instant complaint to the day of full payment.
2. The costs of lawsuit shall be borne by the defendant.
3. The above Paragraph 1 above is entitled to provisional execution.
"...." Among the above claims, the victim alleged that the victim was prohibited from withdrawal in collusion with others in relation to the 10 million won deposited on January 30, 2009 of the above claims, and the copy of the written request for withdrawal was attached to relevant evidence and submitted it to the employee in charge of the above civil service center.
However, the above request for withdrawal was not forged by the victim in collusion with others, but it was a written request for withdrawal in which the defendant visited the bank directly and affixed his seal to the defendant.
Nevertheless, the Defendant, by deceiving the full bench in charge of this court, filed a claim for KRW 10 million against the victim and filed a claim for damages for delay, but in relation to the above lawsuit, the first instance court ruled against the Plaintiff that the Defendant’s claim is entirely dismissed (this Court Decision 201Da7434, Jun. 10, 201; the second instance court ruled against the Plaintiff that the Defendant’s appeal is dismissed (this Court Decision 201Na5453, Feb. 21, 2012). On May 24, 2012, the Supreme Court rendered a ruling of rejection of a request for the Plaintiff on the same day (Supreme Court Decision 201Da2424, Feb. 24, 2012) and subsequently failed to receive it as it became final and conclusive that the Defendant lost on the same day.
2. The Defendant, at the Dobong-gu Seoul Police Station on July 9, 2012, forged a written request for withdrawal under the name of the Defendant on January 30, 2009.