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(영문) 의정부지방법원 2016.02.01 2015고단2320
사기미수
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 21, 2012, the Defendant was awarded a contract for the basic civil works, etc. of the F&G (hereinafter “instant land”) from the Victim D’s Republic of Korea on September 21, 2012, with the construction cost of KRW 100 million and the construction period from September 20, 2012 to November 30 of the same year. The Defendant filed a lawsuit against the Victim claiming construction cost as the Defendant did not receive construction cost, even though the instant land was sent out and the construction cost was not paid.

After that, among the above lawsuit for the payment of construction cost (the construction cost of the Speaker's District Court 2013Ga 1532 decided to specify the construction cost to be paid to the defendant by the actual injured party according to the progress of the defendant, and it is thought that there is a defect that the appraiser designated by the court has made it difficult to explain the contents of the construction work because the documents were not prepared, and that there is a part that is difficult to recognize the contents of the construction work because the documents were not prepared. In order to recognize this part from the court, the author tried to submit a standard contract for the lease of construction machinery (the certificate of work confirmation) which was forged to the appraiser.

The appraiser H of the above judgment was designated by the District Court on May 28, 2013 as an appraiser and was given an appraisal of the construction site of this case on August 12, 2013, and submitted the results of the appraisal to the competent division of the above court on August 12, 2013. However, the above results of the appraisal were reflected in an amount equivalent to approximately KRW 33.9 million in total, 46,000,000 in the standard agreement for the lease of construction machinery stated in the attached list of crimes committed by the Defendant.

Accordingly, on July 24, 2015, the Defendant received a partial winning judgment (27,376,647 won based on the original money) from the competent division of the Jung-gu District Court that believed the result of appraisal conducted based on the above forged documents, and subsequently acquired pecuniary benefits equivalent to the said amount by taking the judgment finalized around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement with D 1.

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