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(영문) 광주지방법원 2017.10.27 2017고단1418

사기미수

Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant received a complaint for a loan claim of KRW 120 million (hereinafter “the instant money”) and interest thereon from the victim of Gwangju District Court’s 200,000 won on October 22, 2012, and KRW 30,000,000,000,000 (hereinafter “the instant money”) and KRW 12,000,000,000,000,000,000,000 won from the victim’s Saemaul bank account under the name of Gwangju District Court’s 201,000,000 won (hereinafter “the instant money”), and the Defendant received a down payment of KRW 100,000,000 from the victim’s Saemaul bank account under the name of the victim and KRW 200,000,000,000 from KRW 16,00,00,000,00).

Nevertheless, the Defendant, as if he was unable to lend the money to the victim as above, deceiving the full bench in charge and tried to acquire the amount of KRW 120 million and its interest amount from the damaged party by a favorable judgment rendered by the full bench as he did not receive repayment. However, the Defendant is actively disputing the victim, such as receiving a judgment against the Plaintiff from the first instance court on January 6, 2017 (Seoul District Court civil case 13 single Germany) as the victim’s response lawsuit.