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(영문) 대구지방법원 2013.06.27 2013고단1993

사기미수등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

[2013 Highest 1993] On November 28, 2011, the Defendant succeeded to the amount of KRW 110 million for existing loans secured by the instant real estate in the Daegu Suwon-gu, Daegu-gu, Daegu-gu, Daegu-gu, 283-1, 283-1 (hereinafter “instant real estate”) on the land and the ground buildings owned by the Defendant’s mother-friendly D, Daegu-gu, Daegu-gu, Daegu-gu, Daegu-gu, 2011 (hereinafter “the instant real estate”), and continued to reside until the Defendant’s mother’s mother dies, the Defendant would pay KRW 15 million as security deposit to the victim when the Defendant’s house is located, and the Defendant would make a lease contract with the Defendant as the lessor, and completed the registration of ownership transfer on December 2, 2012.

On the other hand, under the sales contract, the sales price of the instant real estate was formally stated in KRW 200,000 in order to meet the limit of loan with Han-name negotiation.

Nevertheless, the Defendant, at the Daegu District Court on December 27, 2012, abused the fact that the sales price was stated in the said sales contract as KRW 200 million, filed a lawsuit claiming for the payment of the remainder of the sales price to the victim of the purchase price that was KRW 90 million.

As a result, the Defendant, by deceiving the court, attempted to defraud 90 million won from the victim as the balance of the real estate purchase price of this case, but did not achieve the intent of the victim's response and did not commit an attempted crime.

[20,000,000 won, excluding KRW 110,000,00,000,000,000,000,000) was charged by F as attempted fraud at the Daegu Suwon Police Station on July 5, 2012. On the contrary, on July 24, 2012, the Defendant filed a complaint with F, and on the contrary, filed a complaint with the Defendant, at the law firm creative office located in Daegu Suwon-dong, Daegu Suwon-gu, Seoul, for the purpose of having the F and F punished penal punishment.