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(영문) 부산지방법원 동부지원 2016.05.11 2016고단103
사기미수
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 12, 2009, the Defendant was sentenced to two years by imprisonment with prison labor for a violation of the Act on the Punishment of Acts, such as the Mediation, etc. of Commercial Sex Acts, at the Busan District Court, and on March 5, 2011, the execution was completed at the Busan Correctional Institution.

On August 29, 2012, the Defendant engaged in the instant restaurant business under the name of “F” (hereinafter “instant restaurant”) in the name of the Defendant’s wife E (hereinafter “instant restaurant”) on November 29, 2012, when engaging in the instant restaurant business with the Defendant’s friendly victim C, and engaging in the instant restaurant business using the artificial projector-processed swine processing machine.

The Defendant, at around 14:00 on May 8, 2013, the Busan District Court's Dong Branch's 112 Doo-ro 112, the Busan District Court's Dong Branch's civil petition office, made the Defendant's wife E as the Plaintiff, and the Defendant's Defendant's wife E as the Plaintiff. The Defendant's contract for the restaurant business was terminated and the investment was excluded from all of the operation of the restaurant.

The term "the person asserts as if he was fully unable to recover the investment amount, and filed a lawsuit of claiming the return of the investment amount due to the termination of a partnership contract seeking the payment of the investment amount of KRW 197,140,000 and the delay in the contract.

However, on April 3, 2013, the Defendant agreed to transfer the instant restaurant to the victim an amount equivalent to KRW 300 million, and agreed to distribute the said transfer proceeds at the ratio of investment and contribution to the instant restaurant to 40 percent and 20 percent. The amount equivalent to KRW 197,140,000 that the Defendant invested in the instant restaurant was collected from the said H to the Japanese bank account (I) in the name of his wife E around November 26, 2012.

Ultimately, the Defendant filed a false lawsuit, thereby deceiving the said trial division in charge of the above court, and tried to acquire 197,140,000 won from the injured party under the name of investment money, but the victim.

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