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(영문) 부산지방법원 2014.11.13 2014고정774
사기미수
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On the ground that the Defendant: (a) had a certificate of loan worth KRW 50 million with his/her creditor, C, and his/her wife as the debtor; (b) provided cash of KRW 20 million at his/her office on January 201; and (c) did not have received the above certificate of loan; (d) around September 13, 2012, he/she received a complaint from the Busan District Court’s public service center located in the Busan District Court’s Dong-dong-dong-dong-gu, Busan to the effect that “The Defendant has claims KRW 50 million with respect to C and D; and (e) around October 31, 2012, he/she provided the Defendant with a certificate of loan worth KRW 20 million with KRW 50 million and borrowed KRW 50 million with the Defendant’s office around January 31, 2012; and (e) provided the Defendant with a false statement of loan worth KRW 20 million and KRW 10 million with the Defendant’s cash receipt KRW 20 million on January 2011.

“The” prepared a false written confirmation of the contents of E without obtaining permission for the preparation of the specific contents of E, and then submitted it to the above court, attaching it to the preparation documents.

As a result, the defendant, by deceiving the court, attempted to defraud 20 million won from the victim, but did not bring about the victim's response and did not commit an attempted crime.

Summary of Evidence

1. C’s legal statement;

1. Application of Acts and subordinate statutes to preparatory documents ( October 31, 2012), written confirmation, each borrowed certificate, and the details of settlement;

1. Relevant provisions of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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