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(영문) 부산지방법원 동부지원 2017.09.20 2017고단1403
사기미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant received an introduction fee from the victim D in return for arranging the purchase and sale of private school land, but the above land sales contract was reversed, and the Defendant was under litigation on October 10, 2014 due to the fact that only part of the above introduction fee was returned and the remainder was not returned from the victim.

On January 23, 2015, the defendant was investigated by the victim on the charge of fraud, etc. in relation to the fact that he/she submitted a forged content certificate as evidence in the idea that he/she would obtain a favorable judgment in the above civil procedure.

Around March 10, 2015, the Defendant prepared a letter of payment in the name of the Defendant and the Defendant’s father M Co-ownership to pay KRW 64.3 million to the victim upon the request of the victim for “the withdrawal of the said civil lawsuit and criminal complaint.” In other words, around March 16, 2015, the Defendant would settle the damage, etc. inflicted on the victim as a result of the cancellation of the said land sales contract.

“At the time of signing, the Defendant and M joint names were prepared and issued to pay 200 million won.

The injured party did not pay the amount promised by the defendant, but applied for compulsory auction of real estate owned by M to order of payment based on each of the above payment forms (Man District Court 2015, 2638, Busan District Court 2015, 2638) and was decided to commence auction.

The Defendant, as above, argued that each of the above payments was forged by the victim, but the victim did not forge the victim, and had the intent to file a lawsuit of demurrer against a false claim by asserting that “each of the above payments was forged.”

1. On February 24, 2016, the Defendant received an order to pay each of the above payments from the Busan District Court civil petition office, which was located in the Busan District Court as the Busan District District Court, and the Defendant received an order to pay the victims by forging each of the above payments.

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