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(영문) 수원지방법원 안산지원 2012.11.02 2011고단2094

사기미수등

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

피고인은 2010. 7. 20.경 안산시 상록구 C공인중개사무소'에서, D이 있는 자리에서 피해자 E에게 “야 새끼야 너 좃대가리가 서지 않으니까 니 마누라가 이 동네 늙은이들에게 오빠 오빠 하면서 몸을 함부로 놀리고 다니지”라고 욕설을 하여 공연히 피해자 E, 그의 처 피해자 F을 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 311 of the Criminal Act applicable to the crime;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged in this part of the facts charged is the person who operates the Gangseo-gu G Licensed Real Estate Agent Office in Ansan-si. On December 6, 2010, the defendant filed an application for payment order (No. 201821) accompanied by a contract for the sale and purchase of the building at the same time, despite the fact that he/she had not mediated the buyer's purchase and sale of the land and building He/she had been requested by the buyer F and the seller at the request of the buyer, and the seller, even though he/she had not mediated the purchase and sale of the building at the same time.

The Defendant, who knew of the above facts, attempted to defraud 5,400,000 won from the victim by deceiving the above court, but the victim raised an objection against the payment order on December 13, 2010 and did not commit an attempted crime.

2. A false litigation fraud is an offense involving acquiring the other party’s property or property interest by deceiving a court and obtaining a favorable judgment against him/her. The punishment of such a fraud inevitably brings about the chilling of a civil trial system that any person may make a favorable assertion to himself/herself and receive a remedy through a lawsuit.