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(영문) 의정부지방법원 고양지원 2015.06.19 2015고정194
사기미수등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. From November 2007 to December 2012, the Defendant attempted to commit fraud: (a) borrowed money from D from D; (b) around April 25, 2013, the Defendant drafted a loan certificate of KRW 190 million, KRW 50 million, KRW 300 million, and KRW 300 million, respectively, with the content that he/she would transfer the claim amounting to KRW 70 million to the victim E, the head of D who provided the money, and the remainder of the debt amount of KRW 270 million, until June 10, 2013.

Around June 3, 2013, as the Defendant demanded D to borrow additional KRW 150 million, D demanded D to prepare a notarial deed for the said KRW 270 million and prepared a notarial deed for the creditor as the victim, but the victim did not cause any further loan, thereby making it stated on the notarial deed as “this transaction is deemed non-existent and the entire notarial deed is cancelled.”

During that period, on June 10, 2013, the defendant failed to repay the above KRW 270 million by the due date, and the victim applied for a loan payment order against the defendant to the Jung-gu District Court on June 11, 2013. Accordingly, the defendant raised an objection against the above payment order on June 27, 2013 and the same year.

7. 17. The District Court 2013Gahap8431 decided to proceed with a suit for a loan claim.

The Defendant, upon receiving a lawsuit from the victim, had the obligation of KRW 270 million to the victim and had the reason for cancelling the notarial deed, was irrelevant to the extinguishment of the obligation of KRW 270,000,000,00,000. However, despite the fact that the Defendant did not have borrowed the above KRW 270,000 from the victim and did not have borrowed the above KRW 270,000,00,00,000, the Defendant

Defendant, through the F-Attorney F-at-Law, was at the District Court of Kug Government, which was in the Dong-si District Court around July 29, 2013, around 207.

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