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(영문) 서울동부지방법원 2016.06.09 2016고단314

사기미수

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

Criminal facts

around April 1, 2015, the Defendant: (a) heard the horses from the victim F to loan KRW 150 million to the construction cost; and (b) was aware that the Defendant would have received substitute reimbursement in lieu of the 16 generation of the construction cost for H lending from the Seoul Dongdaemun-gu Seoul Dongdaemun-gu Seoul Dongdaemun-gu Seoul; (c) around April 1, 2015, the Defendant would lend the construction cost if the Defendant prepared and offered a contract for the purchase and sale of 601 for the operation with the seal affixed by the JJ, the representative of the residents, with the Plaintiff’s contract for the purchase and sale of 601 with the Plaintiff’s seal affixed by the Plaintiff; (d) however, even if the written contract for the sale and purchase was prepared, the actual money was actually paid and recognized as collateral; and (e) the Plaintiff would return the KRW 230 million to the J account in its name.

However, even if the Defendant received from the above injured party a sales contract from H lending operation 601 as collateral, he did not think that he/she applied for the registration of the transfer of ownership of H lending by using the above sales contract, and there was no intention or ability to lend the above injured party KRW 150 million to the above injured party.

Nevertheless, the Defendant attempted to defraud 601 H lending operation by demanding the transfer of registration after receiving a written contract from the above injured party on the purchase and sale amount equivalent to the market price of H lending 601. However, the said victim failed to comply with such request, thereby making it impossible for the said victim to do so.

Summary of Evidence

1. Each legal statement of the witness F and J;

1. Partial statement of a witness I;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each police statement made to the F and J;

1. Each statement of the F;

1. Application of Acts and subordinate statutes on a copy of a real estate transaction contract, a copy of a statement of account transactions, dividend table, and search data of cases;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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