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(영문) 수원지방법원 성남지원 2009.05.28 2007고단2573
사기미수
Text

A defendant shall be punished by imprisonment for six months.

Two days of detention before this judgment is sentenced shall be included in the above sentence.

except that this shall not apply.

Reasons

Punishment of the crime

around March 5, 2008, the defendant submitted to the public service center of the Gangseo-dong Police Station in Gangdong-gu Seoul Metropolitan Government a letter of complaint that requests the defendant C to punish him by forging private documents, etc.

3. On November 20, 2003, when attending the investigation of the Dongdaemun Police Station and the Economic 6 Team office, the complainant made a statement, stating to the effect that “A, who is the defendant, is not the representative director of D, arbitrarily stated (ju) D representative director in the real estate contract as if he was the representative director of the company, and arbitrarily stated (ju) D representative director in the real estate contract as if he was the representative director of the company, and affixed the seal of the representative director at his own discretion, thereby forging one copy of the real estate contract, and exercising it against the complainant who is unaware of such circumstances.”

However, the facts are that C, the defendant, was appointed as the representative director on December 10, 2003 and performed his duties. The original sales contract was prepared on March 4, 2003, but on May 25, 2004, at the request of the defendant, to pay less than KRW 53,750,000 under the normally prepared real estate sales contract, and the date was written retroactively as of November 20, 2003, and around May 25, 2004, at the request of the defendant, he was the representative director of C, the representative director of the defendant, and the seal was not known to the defendant's new sales contract.

As a result, the Defendant made a false statement to the effect that he wanted to punish C.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each prosecutor's interrogation protocol concerning C;

1. Each statement of C in the police interrogation protocol against the accused;

1. The statement of the police against the defendant 1.

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