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(영문) 수원지방법원 성남지원 2018.02.22 2016고단2884
사기미수
Text

The defendant is innocent.

Reasons

Punishment of the crime

around June 12, 2014, the Defendant: (a) decided to purchase the “Fel” under the name of E in Gangwon-do Jung-do YYD; and (b) paid the down payment of KRW 10 million to E; (c) the Defendant loaned KRW 100 million to G, the actual owner of the said telecom, and provided the Defendant with security; (d) but when the contract was terminated due to G’s failure to provide security, the Defendant: (a) asked G to the effect that “I would pay the down payment for damages arising from the rescission of the contract,” and request E to “I would like to prepare a receipt that I would pay part of the down payment for KRW 20 million as the down payment to E; (b) received a false receipt for KRW 20 million from the above telecom sales contract; and (c) received the said KRW 160,000 from the court to return the down payment to 201,000,0000,000 won in the name of the Defendant’s 16,04,06,06,0.

When the Defendant came to know of the fact that he sold the above Moel to the victim I and J around November 18, 2014, the Defendant filed a lawsuit seeking revocation of a fraudulent act claim (so-called 72 million won for each victims to cancel the sales contract concluded between E and the victims within the limit of KRW 72 million) against the victims in the above H’s name at the Goyang Branch of the Jung-gu District Court around October 16, 2015, although the Defendant did not have a claim for the return of down payment equivalent to KRW 60 million, the Defendant filed a lawsuit seeking revocation of the fraudulent act claim (so-called 89232 million won for each victims to pay to the Defendant) with the victims, and the Defendant filed a lawsuit seeking to receive KRW 72 million from the victims by submitting a false receipt prepared in the form of the sentence and the above order of the Suwon District Court Decision 2014Mo31911 (so-called 700,000 won.

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