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(영문) 대전지방법원 2015.08.11 2014고단3148

사기미수

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of false accusation, etc. in the Militarysan Branch of the Jeonju District Court, and the judgment became final and conclusive on April 12, 2012.

1. On July 29, 2010, Daejeon District Court 2010's 36381, the Defendant attempted to commit fraud related to the lawsuit, filed a lawsuit against D in the name of Daejeon District Court 78-ro 45, Seo-gu, Daejeon District Court, Daejeon District Court 2010, and filed a lawsuit against D to cancel the registration of a collateral security under the name of D, which it substantially operates, and “The Plaintiff Co., Ltd. borrowed money from Defendant D, which was established in the name of D, as of June 4, 2010, because the registration of a collateral security was null and void, the registration of a collateral security is to be cancelled.”

However, around June 4, 2010, the Defendant borrowed KRW 296 million from D.

Accordingly, the Defendant attempted to obtain pecuniary benefits from the cancellation of the registration of creation of a new mortgage by deceiving the court as above and winning a favorable judgment, but was attempted by the representative F of the said company to withdraw the lawsuit on January 5, 201.

2. Around August 9, 2010, the Jeonju District Court 2010Du4553, the Defendant attempted to commit fraud in connection with the lawsuit, filed a lawsuit against D, the civil petition office of the Jeonjin-gu Seoul District Court 25 million won, and the Plaintiff filed a lawsuit against D for the cancellation of the registration of the right to collateral security, and the Plaintiff filed a lawsuit against D, “Although the Plaintiff had completed the registration of the establishment of the right to collateral security on June 4, 2010 to Defendant D, the Plaintiff paid only KRW 12,100,000 without being paid KRW 30 million as D promised, and only KRW 12,100,000,000,000 to Defendant D paid KRW 50,000,000,000,000,000,000,000,0000,000,000,000).”

However, the defendant's above D.