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(영문) 서울중앙지방법원 2018.01.18 2017고단7514
사기미수등
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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the user of the mobile game provided by D Co., Ltd. (hereinafter “D”), and the game account was suspended due to the violation of the terms and conditions during the game use process. On May 28, 2014, the Defendant filed a civil suit against D with the Seoul Central District Court seeking damages of KRW 20 million.

Although the Defendant lost in the above civil litigation on September 9, 2015, the Defendant continuously filed a civil petition with D, and as such, D agreed to the effect that “to pay the expenses invested in the use of the game and the expenses charged for the legal response as above,” he/she received money from D by creating a false attorney’s fee payment agreement and receipt, and committed the following crimes with the awareness of public opinion of other users.

1. Forging a private document;

A. 1) The Defendant was an agent for a case that is unrelated to D at his house, Gangnam-gu Seoul Metropolitan Government E-B, No. 4301, Nov. 1, 2016.

In the case column of the letter of agreement (civil) document delivered by the F attorney-at-law, the term “the case of compensation for damage caused by the suspension of the D account”, “the Plaintiff: D”, “the first instance court shall delegate the litigation representation to the court and pay KRW 5,500,000 to the retainer,” and “5,50,000 won to the first instance court” in the column of the date of preparation, and written as “Attorney F” in the column of the mandatary.

Accordingly, the defendant, for the purpose of uttering, forged one copy of the delegation contract in the name of F, a private document concerning rights and obligations without authority.

2) The Defendant stated at the date, time, and place specified in the preceding paragraph as follows: “A” and “A” and “D” and “A” and “A” in the column of the parties concerned are deemed to be “A” and “A,50,000 won for a litigation to delegate a litigation to the court of first instance and pay a retainer fee to the court of first instance”; “30 July 30, 2014” and “A” in the column of the mandatory administrator.

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