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(영문) 수원지방법원 2016.12.21 2016고정427

사기미수

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From 2007 to 2012, the Defendant worked as team members at the KING bio C branch, and the victim D as team leader.

On January 20, 2012, the Defendant borrowed KRW 7 million from the victim, and received KRW 7 million from the victim to the new bank passbook in E’s name. From March to April 2012, the Defendant repaid KRW 4,100,000 out of the amount borrowed from the victim twice.

Nevertheless, the Defendant borrowed the above seven million won, not by himself, but by borrowing the F, and the above 4.1 million won, applied for a payment order to lend the money to the victim, thereby deceiving the court, and applied for a payment order to acquire the money. On April 24, 2013 to the Seoul Northern District Court in Dobong-gu Seoul, Seoul, Seoul, and 7.49, and applied for a payment order to “D shall pay the amount of KRW 4.1 million to A,” thereby deceiving the court. However, the Defendant attempted to acquire the money of KRW 4.1 million by deceiving the court. However, the Defendant did not achieve the intent with the wind that the victim raised an objection.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made by the police of the F;

1. Application for payment order, payment order (loan 2013.2217) (Loan 2013.2217), records of trial in the first instance (2013.3.07) in the civil procedure, judgment [2013.41807.07. 2013.3. 62859], and application of Acts and subordinate statutes [2014.7.07];

1. Relevant provisions of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The defendant and his defense counsel convicted of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant asserts that the defendant is the defendant, such as the case where the Seoul Northern District Court 2013 tea 2217 is applied for payment order, the case where the defendant submitted to the court 2013 Ghana41807, the same court 62859 (Counterclaim), the court 2014Na77, and 84 (Counterclaim) at the same court 2014Na77, and the case at the time was the issue of the case.