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(영문) 춘천지방법원 강릉지원 2016.02.03 2015고정368
사기미수
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant was the chairperson of the C market merchants' association, and the victim D entered the C market merchants' association, but is not a member of the above merchants' association.

On March 20, 2014, the victim filed a lawsuit claiming compensation for damages with the purport that the defendant suffered business losses, etc. by taking measures on the commercial buildings of the victim for reasons such as the failure of management expenses, despite the fact that the victim was not a member of the said merchant's meeting.

Accordingly, on June 9, 2014, the Defendant only discussed whether a victim's commercial building, etc. was closed by gathering of executives on December 23, 2013, and even if a temporary merchant's meeting meeting meeting meeting meeting meeting meeting meeting meeting meeting meeting the requirements prescribed in the articles of association (the majority of the incumbent members) was not held, the Defendant submitted a written reply to the competent full-time panel, stating the fact that the meeting was held on December 23, 2013, along with the annual list stating the signature and seal of 60 merchants, after the minutes of the extraordinary merchant' meeting, to show that the meeting was held.

Accordingly, the Defendant tried to gain pecuniary benefits equivalent to the amount of compensation by allowing a court, who may know of the circumstance, to dismiss the claim of the injured party, thereby avoiding compensation for damages. However, on April 10, 2015, the Chuncheon District Court did not believe the Defendant’s assertion and did not intend to “the Defendant would pay KRW 1 million to the injured party” but did not go through an attempted judgment in favor of the part of the injured party.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to E and D;

1. Details of the instant search (2014 Ghana 2068, D), written reply (2014 Ghana 2068, Plaintiff D), general assembly of temporary merchants’ associations, annual list, text of the judgment (2068, No. 2068, A) (2014, C market merchants’ associations consent, and investigation report (the complainant’s statement and the investigator’s report).

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