2012Final 2390 Attempted Fraud

A

Training pen (prosecution), relocation (public trial)

Law Firm B

Attorney C

December 17, 2012

Defendant shall be punished by a fine of 3,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

On December 20, 2011, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Western District Court for a false accusation, etc., and the judgment became final and conclusive on March 29, 2012.

The defendant changed the document bags as if he donated the above land to the defendant, stating "50 square meters (which means the land that can be permitted for building permit) out of the natural green belt in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City E, in order to submit false evidence in order to obtain favorable judgment in the lawsuit claiming ownership transfer registration (2009Da46654) that was filed against D on November 23, 2004 with respect to some portion of the E forest land in Seoul Special Metropolitan City."

On January 22, 2010, the Defendant submitted documents bags altered as evidence in the Seoul Western District Court’s civil petition office located in Mapo-gu Seoul Metropolitan Government 105-1, and submitted documents bags as evidence in relation to the above lawsuit as to the revocation of provisional disposition No. 2009Ra321 related to the above lawsuit. On January 25, 2010, the Seoul Western District Court submitted a preparatory document on the above lawsuit for ownership transfer registration and submitted them as evidence.

Although the Defendant was accused of a favorable judgment by deceiving the above court, D did not bring about an attempted crime because it did not bring about the truth that the alteration of an envelope was revealed through a criminal trial.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning F;

1. Complaints and evidential materials;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes which report the previous disposition and the result thereof;

1. Article applicable to criminal facts;

Articles 352 and 347(1) of the Criminal Act (Selection of Fine)

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.

Judges Bohn fever