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(영문) 수원지방법원 2014.09.18 2014고정842
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

The defendant is a child of E who had livedd with the victim D.

In fact, even if the victim living together with the defendant's mother and wrong, he prepared a lease contract with the lessor and the lessee A deposit amount of KRW 80 million as of January 28, 2012 as if the victim did not receive the real money for the victim's real estate.

After that, the settlement of the relationship E with E was reached at the end of August, 2012 by filing a lawsuit for the return of loans in 2012da9699 and the settlement decision became final and conclusive.

As above, around November 7, 2013, the Suwon District Court 2013Da6356 (Return of security deposit) applied for an order to pay false contents with the intent to acquire the security deposit, such as the fact that the victim and the defendant did not have received the security deposit, but the victim attempted to raise an objection on or around the 29th day of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A real estate lease contract;

1. Payment orders:

1. Mediation protocol;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 352 and 347 (1) of the Criminal Act concerning criminal facts, the selection of fines;

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

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

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