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(영문) 창원지방법원 2014.01.17 2013고단1699

사기미수등

Text

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

The Defendant used the prize money in 2.7 billion won as the Defendant, mother, and C’s name purchased real estate at KRW 680 million, and lent KRW 1.05 billion to D, a single colon of the Republic of Korea, on two occasions, by discussing with C, which was the most, with his mother, mother, and C around 200, while his father and her mother were unable to do with her father, and around 2.7 billion won.

However, around 2011, the “E Hospital” operated by D was closed down due to the business shortage, and as a result, it was impossible to recover the borrowed money, and as a result, it was instructed to the living environment, the amount of the borrowed money was returned to C, the purchase price of real estate used by C, the amount of KRW 270 million, and the borrowed money to D, and the amount of KRW 1.45 billion was demanded to C.

However, C did not have any agreement on the ground that it is solely responsible for the intention, but refuses to be legally responsible, and that it has the intention to return only KRW 300 million actually used.

Accordingly, the Defendant committed the following crimes.

1. The Defendant: (a) requested C, who was liable for committing an offense against the foregoing borrowed money, to have the power of attorney representing the amount of debt as a disturbance; and (b) made a notarized document in writing; and (c) conspired with G to enforce compulsory execution against C and F’s property as the wife.

G, around November 6, 2012, as to whether it is possible to file a complaint against D by fraud, he/she was consulted, and C was signed and sealed by C and its wife on the letter of delegation, which was signed and sealed by C and C in front of the office’s parking lot located in Seongbuk-gu, Sungwon-si, Sungwon-si, and then “I will determine the amount to be returned, and then be notarized.” The amount for which C refused to affix its signature and seal was stated to the effect that “The amount to be returned would be changed to the public column.” The interest column, interest column, interest delay damages, loan date, loan due date, and due date column, etc. were both signed and sealed by C and its wife on the letter of delegation, which is the public column.

Defendant.