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(영문) 전주지방법원 2017.03.10 2016고단1932
사기미수
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was the victim D and the victim who met around December 2005, and was living together from around August 2006 and was in a de facto marital relationship until July 10, 2014.

On December 20, 2010, the above victim was rendered a judgment against the victim on December 22, 2010 (the final date: January 1, 2011) against the victim in the lawsuit of claim for reimbursement of 20,000 won against the 28,284,720 won and interest as joint guarantor against the 244,00 tons of dump trucks that were borrowed in the name of the victim, and the Defendant agreed with the victim on December 20, 2010 in order to evade compulsory execution based on the above judgment against the 24,00 tons of dump trucks, the ownership transfer of which was registered in the name of the victim on December 20, 2010.

In accordance with the above agreement, the Defendant: (a) was a notary public located in Seojin-gu, Seoul Special Metropolitan City, on January 5, 201, 201; (b) was a notary public located in the law firm Nam-gu General Legal Office; and (c) even if the Defendant and the injured party did not have any debt obligation between the Defendant and the injured party, the injured party was liable to the Defendant for 30 million won under a loan agreement on July 20, 2007; and (d) was committed on July 20, 2010 as if the injured party promised to reimburse the Defendant by July 20, 201, by means of a false loan agreement (as of the date of preparation, July 20, 2007) and a debt repayment agreement certificate, and was prepared on January 13, 201 by using the above fair deed, set up a collateral security amount of KRW 30 million with respect to the above dump truck.

In the process of settling a de facto marital relationship, the Defendant filed a lawsuit claiming for the division of property and consolation money against the Defendant at the Jeonju District Court 2014 Dr. 5046 on July 23, 2014, and rendered a judgment on December 15, 2015, stating that “the payment of KRW 16 million through the division of property is to be made,” and the same on January 1, 2016.

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