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(영문) 수원지방법원 2013.09.11 2013고단1566
사기미수
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2007, the Defendant was sentenced to a favorable judgment on January 24, 2008 to the effect that “the victim shall pay five million won and interest to the Defendant,” by filing a lawsuit against the victim C and one other, in the Suwon District Court of Suwon-si.

Accordingly, on February 14, 2008, the victim deposited 6,284,921 won, which is the sum of the principal and interest of the victim as depositee, the defendant as depositee, and 6,284,921 won at the Suwon District Court located in Young-gu, Suwon District Court located in Suwon-gu, Suwon-si, Suwon District Court. The defendant received the deposit on February 20, 2008.

On November 9, 2012, the Defendant filed an application for a seizure and collection order to the effect that the victim would pay the principal amount of KRW 5,000,000 and interest for delay, expenses for execution, etc. against the victim as if the victim did not pay the amount based on the above judgment to the Busan District Court Branch of the Busan District Court, Busan District Court, Busan District Court, the Busan District Court, the Busan District Court, the Busan District Court,

However, as seen earlier, the Defendant had already received the judgment payment from the victim, so no longer was entitled to claim the amount based on the final judgment.

As such, the Defendant, by deceiving the Dong branch support of Busan District Court, attempted to acquire the above money by obtaining a decision of seizure and collection order of KRW 11,039,578 from the same court, but on December 29, 2012, the Defendant did not intend to commit it with the wind to submit an application for suspension of compulsory execution against it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes of a written decision, each deposit, written judgment, written application for certification of facts, and finally binding certificate;

1. Relevant Article 352 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. As to Article 62(1) of the Criminal Act, the defendant's assertion of suspended execution (such as the fact that an attempted crime is committed, the same kind of power is not committed, and there is no record of punishment heavier than the fine).

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