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(영문) 부산지방법원 2018.09.12 2018고정342

사기미수

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 28, 2015, the Defendant stated that “The Defendant would lend KRW 130 million to E, the representative director of the victim D, the victim corporation, at his office located in Busan Metropolitan City, Busan Metropolitan City, and the Busan Metropolitan City, Busan Metropolitan City, the Defendant also changed the head of the Plaintiff’s seal impression and the certificate of seal impression.”

On September 19, 2016, the Defendant: (a) received the consent certificate of the head of his own seal impression and the certificate of his seal impression from E; and (b) made a letter of delegation to prepare a fair deed in his name; (c) made a letter of delegation to prepare a fair deed by using the power of attorney prepared as above on the 29th of the same month; (d) made the debtor E with the joint guarantor as the victim; and (e) filed an application for compulsory execution against movable property, such as kins, owned by the victim.

The Defendant, who believed this, tried to have the enforcement officer belonging to the Changwon District Court Msan Branch, seize the movable property, such as cream, around the 26th day of the same month, around October of the same year, at the victim company located in the Haan-gun F in the Haan-gun F of the Haan-do, Changwon District Court, but failed due to the reasons such as unclear possession and ownership.

However, as the defendant lends 130 million won to E, the certificate of the above monetary consumption lending contract was false and issued by E was also submitted and prepared by using the head of the office and the certificate of seal impression.

Ultimately, the defendant, by deceiving the above enforcement officer, tried to acquire economic benefits from the victim company, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A copy of a certificate of process in the lending and borrowing contract for full-time consumption;

1. A proxy copy or a certificate of seal imprint;

1. Details of each account transaction;

1. A copy of a certificate of borrowing money;