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(영문) 인천지방법원 2013.11.28 2013고단6877
사기미수
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A defendant shall be punished by imprisonment for not less than eight months.

However, 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

The Defendant lent KRW 12 million to E, around November 5, 2001, and around February 3, 2002, lent KRW 13 million to E, and received KRW 19,70,000 for several years from E, and the Defendant said to the effect that “The Defendant paid KRW 13 million to E, and paid KRW 12 million in lump sum.”

On February 26, 2010, E drafted a written agreement with D to the effect that “as above 12 million won shall be repaid and the provisional seizure against real estate established by the Defendant shall be rescinded” on February 26, 2010 between D and D upon the Defendant’s delegation, and D written the said agreement with the Defendant’s permission that “assumed KRW 25 million in total, and KRW 13 million in total has already been repaid.”

As above, the Defendant had one copy of the written agreement with no portion written as above, and a loan certificate that did not return to E, and had the intent to bring a lawsuit claiming a loan by asserting that E had a false fact as if he had a claim of KRW 13 million.

Around May 21, 2012, the Defendant filed a loan lawsuit against E under the above court 2012Gaso36933 at the Incheon District Court Branch Branch of Seocheon-gu, Seocheon-gu, Incheon. The Defendant asserted that “the Defendant lent KRW 12 million to E on Nov. 5, 2001, and KRW 13 million on Feb. 5, 2002, but did not repay the above KRW 13 million,” by submitting a written agreement and a loan certificate that did not contain any part, thereby deceiving the above court and deceiving it, but the Defendant respondeded to the Defendant’s attempted to commit an attempted attempt to dispute by E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Loan decisions;

1. Application of the statutes governing the withdrawal of an appeal;

1. Relevant provisions of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62(1) of the Criminal Act:

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