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(영문) 서울동부지방법원 2014.04.23 2013고정2936

사기미수

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around May 2004, the defendant knew that the victim did not receive KRW 19 million invested in D Co., Ltd., and the victim knew that he had a relationship with D Co., Ltd., "I would accept and deliver the amount invested by D Co., Ltd. through legal procedures, and would be able to take legal procedures when he was delegated to do so. I would receive money through legal procedures if I would receive a loan certificate as if I borrowed one money." This means that "I would receive money from D Co., Ltd., and I would receive two copies of a false loan certificate from the victim as I borrowed KRW 20 million as I borrowed money." This means that the defendant received two copies of a false loan certificate from the victim on March 20, 2003 and March 6, 2004.

When the Defendant had experienced economic difficulties due to business deterioration from early 2012, the Defendant: (a) committed a civil suit against the victim by filing a loan of KRW 20 million; and (b) on May 23, 2012, the Seoul Eastern District Court’s comprehensive civil petition office located in 404, Gasan-ro, Seoul Special Metropolitan City on May 23, 2012; (c) did not lend KRW 20 million to the victim; (d) on March 20, 2003, the Defendant agreed to repay the loan by January 20, 2004, but did not repay the loan by the time when the Defendant intended to obtain KRW 20 million by filing a lawsuit claiming the return of the loan, but the Defendant failed to comply with the intent of receiving KRW 20 million by the victim.

Summary of Evidence

1. C’s legal statement;

1. Each investigation report (including attached data);

1. Application of the Acts and subordinate statutes governing the application for payment order and loan judgment;

1. Relevant Article 352 of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act and the choice of fines concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;