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(영문) 수원지방법원 안양지원 2017.08.22 2017고정164

사기미수등

Text

Defendants shall be punished by a fine of KRW 8,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is an operator of F in Dopo-si E 103 Dong 303, and Defendant B is an employee of F.

Defendant

A has not borrowed KRW 525 million from Defendant B.

1. On December 1, 2014, Defendants in the original notarial deed and in the exercise of the original notarial deed, made a false statement to the attorney in charge of notarial services who did not know of the fact that they were false at around December 1, 2014, at the Mapo-si Office, G, 316, Defendant A did not assume the obligation of borrowing KRW 525 million against Defendant B, but at the same time made a false statement to the attorney in charge of notarial services, the attorney in charge of notarial services stated the above purport in the notarial deed, and around that time, had the above office keep a notarial deed stating the fact that they were false as above.

As a result, the Defendants conspired to enter false facts in the original copy of the fair deed and exercised the original copy of the fair deed in which such false facts are recorded.

2. The Defendants were aware of the fact that Defendant A, a creditor of the Defendant A, knew of the fact that there was a claim equivalent to KRW 52 million, which should be received in return for delivery of a certain fact from the military welfare unit around January 2016, and that Defendant A filed a lawsuit for provisional attachment or purchase of goods with the Seoul Central District Court around the 25th day of the same month against the third party, “the lawsuit for claim for provisional attachment or purchase of goods” against the State of debt at the Seoul Central District Court. On March 4, 2016, the Defendants filed a civil application within the Suwon District Court's Ansan-dong, Ansan-si, Seoul Central District Court's Ansan-si, and the creditors, debtors A, and the third debtor of the Republic of Korea (the Suwon District Court, the Ministry of National Defense Welfare division, the Ministry of National Defense Welfare division), and upon request for seizure and collection order from Defendant A to the effect that “The judicial branch shall seize the claims of KRW 52,500,000 against the third party debtor.” On March 28, 2016.