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(영문) 광주지방법원 목포지원 2017.02.17 2016고정197
사기미수
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

[criminal record] On May 28, 2015, Defendant B was sentenced to two years of imprisonment with prison labor for not more than ten months in the District Court of Gwangju District for fraud, and the judgment became final and conclusive on December 25, 2015.

[2] Around September 2013, Defendant B asked the victim D to lend money, but the victim refused to do so because it was impossible at the time, and Defendant B requested the victim to lend money to the victim as the principal bond holder and the joint guarantor, and the victim accepted it.

On October 10, 2013, the Defendants borrowed KRW 20 million from the injured party on September 10, 2013 as the due date for repayment. The Defendants prepared a loan certificate with Defendant A as the principal bond holder, Defendant B as the joint guarantor, and delivered it to the injured party. On the same day, the Defendants received KRW 18 million from the injured party after deducting KRW 2 million from the prior interest.

However, as the defendants did not pay the above money after the due date, on November 27, 2013, the victim filed an application for payment order against the defendant Eul with the Gwangju District Court Mapo-gu for the payment order of KRW 18 million, and on December 4, 2013, the defendant A filed an objection against the above payment order issued on December 29, 2013, and the defendant A started a formal civil lawsuit (Spo-Support 2013Gau203999) as to the above payment order issued on December 4, 2013.

1. On July 2, 2014, Defendant A submitted a written confirmation of the facts set out in B at the Gwangju District Court Yanpo-si, 29, as a definition, on December 2, 2013, Defendant A borrowed KRW 2,000,000 to D under the name of the branch of September 10, 2013 and used B. A borrowed the instrument to pay by October 10, 2013, Defendant A repaid KRW 2,000,000 to D on September 27, 2013. Defendant B deposited the ship and 0,000 won to D’s passbook and borrowed it again by January 30, 200. D’s purchase and sale claimed by D is as follows.

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