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Reasons
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(영문) 대구지방법원 서부지원 2018.02.28 2017고단423
사기미수
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2016, the Defendant applied for a seizure and collection order for the payment of KRW 318,145,515 on the part of the victim B, based on the certificate of monetary consumption loan contract in an amount equivalent to KRW 120,000,000 on January 7, 2008, to the Suwon-dong District Court, Sung-dong, Dong-dong, Sung-dong, Sung-dong, Sung-dong, Dong-dong, Dong-gu, Sung-dong, Sung-dong, Ma-dong, Ma-dong, the Defendant applied for a seizure and collection order for the payment of KRW 318,145,515 (No. 6005, Do-nam, the Sung-dong, Sung-dong, Sung-dong, Ma-dong, Ma-dong, Ma-dong, the Defendant obtained the victim’s victim’s “B with the consent of the father of the case No. 12220,000 on October 7, 2007).

“The process deed prepared by the Defendant is merely that contains a claim of KRW 80,000 or KRW 100,000,000 or KRW 800,000,000 or KRW 100,000,000, and the injured party does not actually borrow money from the Defendant. After that, the Defendant did not reach an agreement with the said F, the victim would destroy the process deed.

Although the defendant well-known the above circumstances, he did not make any claim or demand during the seven years from the date of the preparation of the above process deed, but tried to obtain money by means of a civil lawsuit, but did not bring about a victim's response and actively dispute, and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, and J;

1. A protocol concerning the examination of suspect to the prosecution of some part of the defendant (including the confrontation part);

1. Statement made to I by the police;

1. Written Statement;

1. Investigation reports (Submission of data, including written opinions of the complainants), investigation reports (the results of detection and inspection conducted by falsity);

1. A collection order (the defendant and his defense counsel) for the seizure and collection of the claim No. 6005, 2007, 1022, etc., written by the High Court Decision 2016, supra, is issued against the defendant.

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