(영문) 창원지방법원 2016.07.13 2016고정170

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(영문) 창원지방법원 2016.07.13 2016고정170

사기미수

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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In the Changwon District Court located in Changwon on October 10, 2014, the Defendant filed a lawsuit claiming return of false loans (hereinafter “instant lawsuit”) with the effect that “The Plaintiff (Defendant) would need money to lend KRW 30 million to Defendant D (victim) and did not receive any repayment, on or around April 24, 2008, although the Defendant did not lend money to the victim D, the Defendant tried to obtain pecuniary benefits equivalent to the said amount by deceiving the court and obtaining a favorable judgment.”

However, the victim's response and the decision against the plaintiff was rendered on July 7, 2015, and the decision became final and conclusive on July 29, 2015, but was not intended.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against D;

1. Determination as to the assertion by the complainant and the defendant and the defense counsel as to the copy of the complaint, the copy of the NongHyng Afafafafafafafafaf faf

1. The gist of the argument was that the Defendant lent KRW 30 million to the victim.

In other words, there was no intention to deceive the court only when the lawsuit of this case was filed by mistake.

2. In light of the following circumstances that can be recognized through the evidence of the judgment, the Defendant can be recognized as having known that the Defendant did not lend KRW 30 million to the victim’s account in his/her own name and had the intent to deception the court through the materials deposited in his/her own name, even though he/she was aware of the fact that the Defendant filed the instant lawsuit.

Therefore, the defendant and defense counsel are not accepted.

A. On April 24, 2008, E, the victim’s wife, deposited KRW 30 million into the victim’s account with the loan from the Agricultural Cooperative of the Changwon, and only the depositee in the name of the defendant.

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