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(영문) 창원지방법원 진주지원 2013.12.18 2013고단1153

사기미수등

Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. Around October 28, 2008, the Defendant: (a) entered into a contract with a limited liability company C (hereinafter “C”) that is a company that rents off off-to-rent mechanical devices (hereinafter “C”) with D (9) and 206 U.S. D (hereinafter “C”); (b) delivered 30 million won of down payment to C when entering into the contract with E (i) the company’s regular business activity; (c) on December 31, 2009, the Defendant received 35 million won promissory notes from C (hereinafter “the Defendant received 4.5 million won promissory notes with interest limit; and (d) the remaining 4.5 million won with interest limit was returned to C; and (c) the Defendant paid the promissory notes to C under the above agreement on March 3, 2010, and subsequently received KRW 30 million from C and KRW 30 million.

Nevertheless, the Defendant changed the receipt by using an opportunity to possess a receipt of down payment received from C at the time of the above lease agreement, and attaching conditions favorable to the Defendant to the receipt. Based on this, the Defendant attempted to obtain money from C by filing a civil suit against C, and obtained a favorable judgment from the court.

Around October 28, 2008, the Defendant changed private documents issued a cashier's check of KRW 30 million to E, a regular manager of the said company, under the name of mincing stone down payment at the office of the said C on the lease of mincing machine from C, and issued a receipt stating "C0,000,000 won of contract deposit" from E, and kept the receipt stating "C E on October 28, 2008."

On December 31, 2009, the Defendant: G Building 110 30 dong 302, which is the Defendant’s residence in Jinju-si, and conditions by using a yellow pen without authority on the margin left on the left side of the above receipt kept as above: 24% per annum when this contract is not concluded.