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(영문) 부산지방법원 동부지원 2017.04.13 2015고정1058
사기미수
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 10, 2014, the Defendant filed a lawsuit claiming the return of unjust profits to the Defendant, which requested the Defendant to return only a part of the introduction fee that was previously received due to the cancellation of the above land sales contract, and the remainder was not returned. On October 10, 2014, the Defendant filed a lawsuit claiming the Defendant to return the introduction fee of KRW 55 million which was not yet received from the Busan District Court Branch of the Busan District Court located in the Busan District Court in the Busan District Court in the Daegu Metropolitan City, Busan Metropolitan City.

On December 4, 2014, while the Defendant was well aware that the above claim by the injured party is appropriate, the Defendant, by deceiving a court that may know of the fact that it would obtain judgment favorable to himself/herself, presented to the court a written answer accompanied by the “certificate of Contents” of Voluntary Statement to the effect that the injured party’s claim is not reasonable. However, the Defendant failed to commit an attempted act by breaking his/her mistake and promising the injured party to pay the claimed amount to the injured party, thereby making it impossible for the injured party to withdraw the lawsuit.

Summary of Evidence

1. Each legal statement of witness D and E;

1. A false certificate of contents;

1. Of the documents sent, a copy of the complaint (2014A group 21364), the document sent on December 4, 2014 (2014 group 21364) and the document sent on December 4, 2014 (2014 group 21364) and the document sent on December 4, 2014, the Act and subordinate statutes verifying the contents of evidence set forth in subparagraph 5 shall apply.

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. Articles 70 and 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;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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