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(영문) 서울중앙지방법원 2019.06.27 2018고단6100
사기미수등
Text

A defendant shall be punished by imprisonment for not more than ten 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

around May 14, 2015, the Defendant filed a lawsuit claiming the amount of indemnity with the Seoul Eastern District Court 2015Gahap104181 to the effect that “Defendant 4, including B, is jointly and severally liable to the Plaintiff (Defendant) for payment of KRW 281,181,859 and interest thereon.”

On March 22, 2016, the Defendant, at the Defendant’s office located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) around March 2, 2016, received the above documents from D related parties to use the “certificate of deposit transaction records (deposit)” issued on March 22, 2016 at the F Branch Office of the E Bank Account with a company related to the said lawsuit as deposit owner, to use the said lawsuit. The Defendant did not transfer KRW 50 million to the above account of D on September 10, 2013, to the said account. However, even if the Defendant did not pay part payment as part payment of the real estate purchased from D, the Defendant changed the aforementioned part of the “certificate of deposit transaction records (deposit payment)” by using the computer cans program, etc. to the “certificate of deposit transaction records” as the “certificate of deposit transaction records” revised to 00,000,000.

At that time, the Defendant submitted the documents modified as above to the Seoul East Eastern District Court in Seoul, Gwangjin-gu, Seoul.

Accordingly, the Defendant, for the purpose of exercising authority, altered the “certificate of deposit transaction performance” in the name of the head of E bank F branch office related to a certificate of fact, and intended to obtain money by submitting the altered document as evidence and obtaining a favorable judgment from the said trial division. However, the Defendant did not dispute this and attempted to commit an attempted crime on July 2, 2018, when the said lawsuit became final and conclusive against him/her.

Summary of Evidence

1. Part of the defendant;

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