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(영문) 의정부지방법원 2017.11.17 2016고단3289
사기미수
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2014, the Defendant drafted a contract for construction work with the victim E and the Defendant’s “F Co., Ltd., Ltd., constructing accommodation facilities outside G G and three parcels of land, and the victim pays 5.5 billion won to the owner as the owner of the building.”

On November 10, 2014, the Defendant agreed to prepare a double contract for the reduction of transfer income tax in preparation for the transfer of the victim and future accommodation facilities at the construction site office located in G in Gyeonggi-si, Gyeonggi-do, and written a false contract on October 24, 2014, raising the construction cost to 6.38 billion won.

On October 24, 2014, the Defendant submitted a false civil petition stating that “The construction work is contracted and the building is completed at the Sungwon District Court located in Seongdong-gu, Sungwon-gu, Sungwon District Court, which entered into a contract for construction work at KRW 6.38 billion and completed the construction work, the Defendant shall pay KRW 1.54 billion for the unpaid construction cost.”

However, on October 24, 2014, which was submitted by the Defendant as evidence to the court along with the above complaint, the original contract was entered into as the above false contract. On November 10, 2014, the Defendant: (a) drafted a letter of loan stating that “80 million won (the difference in two contracts) shall be borrowed from the injured party from the injured party” as safety devices; (b) around May 19, 2015, the Defendant personally known that the victim was 550 million won (the work price shall be 4.95 billion won) of the completed payment as stated in the contract; and (c) accordingly, the Defendant sent the victim a document stating that “the payment shall be made by May 22, 2015, for the remainder of the contract price of KRW 66,600,000,000,000,000 to be paid by the injured party.”

After all, the defendant deceivings the court as above.

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