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(영문) 춘천지방법원 강릉지원 2015.12.16 2015고단1050
사기미수
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 3, 2014, the Defendant submitted a written complaint for a claim for loans to the effect that “Defendant C borrowed KRW 10 million from the Plaintiff on May 16, 2008 on the condition that he/she used 2 to 3 months from the Plaintiff and did not repay this up to the present date, and that “The Defendant paid KRW 10 million and its delay damages.”

However, the victim did not have borrowed money from the defendant around May 2008. At the time, D, a punishment of the victim, was in the same trade with the defendant and was transferred money from the defendant while he was engaged in the trade with pine trees from the defendant. However, the defendant had filed a false claim as if he borrowed money from the defendant.

As above, while the Defendant was well aware of the existence of a claim for a loan against the victim, the Defendant intended to obtain pecuniary benefits by filing a lawsuit claiming a loan with false content, but did not intend to achieve such intent by filing a lawsuit claiming objection against the decision on performance recommendation made on March 9, 2015.

Summary of Evidence

1. Each legal statement of witness D and C;

1. E prosecutorial statement;

1. The application of Acts and subordinate statutes to the verification of details of transactions of admission and withdrawal, the decision on recommendations for execution, each content certification, the sales contract of trees, the details related to the extraction and extraction of trees, the settlement statement of works of extracting pine trees, the details of entry and withdrawal, the investigation report (report accompanied by a civil judgment), the investigation report (a copy of the complaint submitted by a suspect), and the investigation report (a copy of the statement of transactions and a copy

1. Relevant Article 352 of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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