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(영문) 부산지방법원 2016.09.02 2016노1915

사기미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of fraud in judgment is heavier than the nature of the crime in that it uses the court for deception. Although the crime of this case is brought to a lawsuit claiming the transfer price of KRW 60 million, the amount which was acquired by deception is the maximum amount of money, and the fact that it was intended to claim the return of investment amount of KRW 197140,000,000 due to the termination of a business relationship, and that it was not agreed with the victim is disadvantageous.

However, the fact that the defendant is in profoundly against the crime of this case, the defendant is going to proceed to the crime of this case according to cooperation of H, another investor, the defendant is going to file a lawsuit for the purpose of liquidation of monetary relationship with the victim, the defendant's first time of the lawsuit arranged the direction of the claim that H is seeking the payment of the transfer price to be paid by H and the transfer price to be paid by the defendant, and "whether or not the transfer price is recognized" was subject to deliberation in the process of the lawsuit. Even if the defendant has already filed the civil lawsuit of this case prior to the lawsuit of this case, the conflict with the victim has already been serious before the lawsuit of this case, it is sufficiently anticipated that the victim may be challenged, and the court has a right to receive 60 million won from the victim because the defendant partly won the result of the civil lawsuit of this case, and the defendant withdraws the seizure against the victim of this case and withdraws the application for property registration at the time of the non-performance list, and the defendant also made efforts to reach agreement, considering the circumstances surrounding the crime of this case and its circumstances.