logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.04.20 2016고단278
사기미수
Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 23, 2015, the Defendant submitted to the public service center of the Gwangju District Court located in Gwangju Dong-gu, Gwangju Metropolitan City, 7-12 (Dosandong), along with the agreement and the certificate of contents on the lease of casino products concluded by the Defendant and the victim C (hereinafter “victim”), and “Defendant (victim”) shall deliver to the Plaintiff (Defendant Defendant) 107 movable property, including one suspect, and shall pay KRW 120 million as rent and KRW 100 million annually from April 1, 2015 to the completion of delivery of the said movable property.”

However, in fact, each of the above movable property (kno goods) was awarded a bid by the victim company under the name of D, which is the defendant's seat, in which the victim company is likely to be subject to compulsory execution by the creditor, and the facts charged are as follows. However, according to the defendant (Evidence Record 279 pages) and E's statement (Evidence Record 120 pages), it is recognized that the victim company was awarded a contract in the name of D, which is the defendant's seat, and thus, the above correction was made.

For the above reasons, the contract for the lease of casino products was prepared by the injured company with the defendant in the form of the above, and there was no fact that the injured company has leased the casino products to the defendant.

Nevertheless, the Defendant, as if the contract for the lease of casino products was prepared in the form without the intention of actual lease in order to escape compulsory execution by deceiving the court as if the contract was actually prepared by the victimized company, intended to defraud the damaged company with the amount of KRW 1120 million and delayed interest, and casino products. However, as the victimized company responded, the Defendant did not withdraw the lawsuit on September 17, 2015 and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. A warden;

1. A contract for the lease of casino products;

1. Application of Acts and subordinate statutes to the Proof of the withdrawal of lawsuit;

1. Criminal facts;

arrow