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(영문) 서울중앙지방법원 2016.06.10 2016고정213
사기미수
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 16, 2013, the Defendant drafted a fair certificate of debt repayment contract regarding KRW 60,170,000 against the victim C, and received all repayment around March 2013.

On the other hand, the defendant asserts that the injured party should pay the outstanding amount of 9,907,100 won against D (state) operated by the injured party. However, this claim is not related to the above fair deed.

Nevertheless, on October 2015, the Defendant applied for a collection order of KRW 10,383,600 to the Daegu District Court for the seizure and collection of KRW 10,383,60 as the third party debt, based on the above process deed, and issued a seizure and collection order around October 21, 2015 by the court that is unaware of such fact. However, even though the Defendant received a seizure and collection order of the claim, the Defendant did so by filing an objection.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a copy of a process deed (certificate No. 56, 2013), a copy of a receipt (certificate of confirmation), a copy of a complaint (Tgu District Court No. 2015, No. 15407, Daegu District Court No. 2015), a copy of a decision (Tgu District Court No. 2015, No. 2015,

1. Article 352 of the Criminal Act applicable to the crime, Articles 352 and 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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