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(영문) 대전지방법원 2014.05.23 2014고정246

사기미수

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, around June 17, 2013, intended to take money by deceiving the said court to request a payment order to return the loan while he/she borrowed KRW 3,00,000,000 from the Daejeon District Court of Sejong Special Self-Governing City, which is in the principle of Sejong Special Self-Governing City in Sejong Special Self-Governing City, and from the victim C, the loan certificate in the name of the victim was voluntarily prepared by the Defendant. However, the victim, on June 11, 2003, borrowed KRW 3,00,000 from the Defendant and borrowed the loan certificate, and did not repay the loan, thereby deceiving the said court to request a payment order to return the loan. However, on June 19, 2013, the Defendant attempted to take money by deceiving the said court that “the debtor would pay KRW 3,00,000 to the creditor.” However, the victim raised an objection to the said money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Copy of the payment order;

1. A copy of each certificate of borrowing (five pages, 45 pages, 46 pages, 47 pages, 68 pages, 69 pages);

1. Application of Acts and subordinate statutes on copies of seal imprint register;

1. Relevant provisions of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;