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(영문) 광주지방법원 2017.08.10 2017고정824
사기미수
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From May 9, 2006 to May 12, 2006, the Defendant lent KRW 27 million to the Victim E’s mother through D, a person living together with the Defendant’s Dong C, to the Defendant’s Dong C, but the said F failed to pay KRW 12 million out of the above borrowed amount.

On October 20, 2006, C borrowed 12 million won from the father G of the victim to C, and E acts as a joint and several surety.

“A certificate of borrowing was issued.”

After that, F repaid all the borrowed money from March 15, 2007 to July 24, 2007.

On December 2, 2008, the Defendant was aware of the fact that the Defendant received full repayment of KRW 27 million that C and D lent to the said F and delivered KRW 5 million among them to the Defendant, and embezzled the remainder of KRW 22 million, and that F filed a complaint with the Gwangju District Public Prosecutor's Office, etc., filed a complaint with D and C, and that F repaid all of the loans to C and D.

Nevertheless, the defendant knew that the above F had not recovered the above loan certificate issued to C and C while he repaid the loan amounting to KRW 27 million, and had the above F to C and D, the defendant filed a lawsuit claiming a loan with the court using the above loan certificate and had the victim receive the loan claim amounting to KRW 12 million and interest thereon from C on June 1, 2011. On April 15, 2015, the defendant acquired the loan claim amounting to G from the Seoul District Court in Naju-si, Seoul District Court in the 41st City, Jeju District Court in April 15, 2015, and submitted a complaint against the victim "the defendant is 20% per annum from September 30, 2015 to September 30, 2015 from the day following the day on which the original copy of the instant payment order was served to the plaintiff, and 15% per annum from the next day to the day of complete payment."

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