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(영문) 전주지방법원 정읍지원 2015.07.07 2015고정65
사기미수등
Text

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

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

Reasons

Punishment of the crime

On October 28, 2014, the Defendant was sentenced to a suspended sentence of four months for a crime of false accusation in the Jeonju District Court's branch court's branch court's branch court's branch court's branch court's order, and on November 5, 2014, the above judgment was finalized.

1. Around January 28, 2010, the Defendant attempted to commit fraud requested the victim C to the effect that he would receive the balance from the said clan because he sold the land owned by the Defendant for KRW 120,000,000,000 to the clan E, and the Defendant did not receive the balance of KRW 70,000.

The Defendant received the remainder of KRW 45 million from the victim of the said clan in cash on February 23, 2010, and received KRW 15 million from the victim, and transferred the remainder of KRW 30 million to the Agricultural Cooperative Account in the name of the Defendant around the 24th of the following month, on the same day.

Nevertheless, on December 12, 2013, the Defendant filed a lawsuit claiming the prohibition of custody with a branch court of the Jeonju District Court for the reason that, after receiving KRW 45 million from the said clan for the Defendant, only KRW 30 million was paid and the remainder of KRW 15 million was not paid.

(Case No. 2013 A. 2354). The Defendant, by deceiving the above court, attempted to defraud the amount equivalent to KRW 15 million from the victim. However, the Defendant is placed in a position to be aware of the fact that the Defendant had already received KRW 15 million from the victim in cash, and the said lawsuit was withdrawn around August 9, 2014.

In this regard, the defendant had attempted to receive property by deceiving the victim, and had the victim withdrawn the lawsuit.

2. On February 11, 2014, the Defendant defamationd the victim’s reputation by openly pointing out false facts by publicly alleging that “C received and removed the terrestrial value of KRW 15 million as a passbook,” while the victim C does not have embezzled in keeping the Defendant’s land sales price of KRW 15 million as stated in paragraph (1). However, the victim’s reputation was damaged by openly pointing out false facts.

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