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(영문) 서울중앙지방법원 2017.03.16 2016노3031
사기미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case, the charge is not guilty.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding, around December 2007, the Defendant: (a) liveded with the victim E, and (b) lived with the husband and wife, and (c) took part in the lawsuit against the Hahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

On October 20, 2012, the victims of the purchase price for G building in M were purchased the second floor building in Yongsan-gu Seoul Metropolitan Government, and operated the second floor as the office specialized in the Alley, and the second floor and the first floor were the first class neighborhood living facilities (a resting restaurant), and the head office of G in X was transferred from X to M;

The victim used the victim's business funds, etc. on November 26, 2014, when the de facto marriage relationship is terminated, the victim prepared a loan certificate stating that "the victim borrowed 1.56 billion won from the defendant by borrowing 8% per annum for five years from September 30, 2009 to September 30, 2014" (hereinafter "the loan certificate of this case") from the F apartment in Jung-gu Seoul Special Metropolitan City (hereinafter "the patent of this case") that "the victim borrowed 1.56 million won from the defendant," and the victim owns G building in M, and the defendant divided the property with the claim of KRW 1.56 million against the victim and the J Patent (hereinafter "the patent of this case") with the content that "the patent of this case"), thereby forging the loan certificate, or intending to take over 1.56 billion won and the patent of this case, or acquired the patent of this case.

shall not be deemed to exist.

In particular, with respect to the crime of extortion among the facts charged in the instant case, the Defendant recorded the I-related conversation between the victim and H on May 9, 2015, and the Defendant, on March 3, 2015, recorded the said conversation, making it impossible for the Defendant to capture and threaten the victim. The record on May 22, 2015, which was submitted as evidence of intimidation (100 pages of the investigation record), is the patent right in the instant case.

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