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(영문) 대전지방법원 천안지원 2015.11.30 2015고단1114

사기미수등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

(State)The defendant is a person operating D, and the victim E is a person who has served as an accounting employee of the above company.

1. Around September 2014, the Defendant attempted to commit fraud: (a) around March 3, 201, the Defendant: (b) had an attorney-at-law F, who is well aware of the fact, prepare a complaint to the effect that “the victim would pay the above amount and interest thereon,” and (c) had him/her receive 89,00,000 won by arbitrarily transferring 89,000,000 won to the account of the victim’s account using the head of the said company and his/her seal impression that he/she managed; (b) made a false entry in the book and embezzled 8,928,473 won; and (c) made the victim demand for damages of KRW 98,925,173 and did not pay KRW 50,925,173,000 to the victim; and (d) submitted the complaint to the Daejeon District Court for the acceptance by mail around September 16, 2014.

However, the Defendant, on March 3, 201, remitted 89,000,000 won, which was remitted from the corporate bank account of Dod on March 3, 201, to the account of the victim, to the account of the victim, was not arbitrarily embezzled by the victim, but was repaid by the Defendant, and KRW 50,000,00,00 that the victim repaid to the Defendant was not paid as the repayment of the amount embezzled by the victim, but as the Defendant was aware of the above facts.

Nevertheless, the defendant, by receiving the above complaint, attempted to deceiving the above court and take over 48,925,173 won and interest thereon from the victim, but was attempted to commit an attempted crime by withdrawing the above suit around December 15, 2014.

2. On December 3, 2014, the Defendant had a lawyer F who is not aware of the fact, work as an employee in charge of the (ju) D accounting operated by the Defendant, and around March 3, 201, the Defendant arbitrarily uses the head of the said company and his seal impression to KRW 89,00,000.