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(영문) 광주지방법원 2013.07.25 2012고단6682
사기미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant entered into a verbal contract with the victim C at the time of making a proposal that the victim C grow over two times in 2007 and 2008, and paid 280 million won to the victim, but the victim paid 200 million won. However, the Defendant was willing to file a lawsuit against the victim for damages as the yield did not reach expected yield.

1. On June 6, 2009, the Defendant altered a private document: (a) made a sales contract on January 6, 2008 and a sales contract on January 15, 2009 to “G” offices located in Seopopopopopool F, which was operated by C in the Jeju Island; and (b) made it necessary to prepare a sales contract on January 6, 2008; and (c) made it possible for C to claim civil damages against C in a coffee shop with no trade name known in Yangcheon-gu Seoul, Yangcheon-gu, Seoul on September 2009; and (d) entered into a written special agreement in the column of Chapter II of the above contract in color with “1. The seller (C) is liable for any difference. When the contract is insufficient, the seller shall be deemed to violate the contract, and the seller shall be deemed to be a civil, criminal, and criminal, civil, and criminal, as a result of the seller’s modification to the title of the sales contract.”

2. Around September 29, 2009, the Defendant filed a lawsuit against C for damages with the Jeju District Court located in Dongdo 2, Jeju-do on September 29, 2009, and filed a lawsuit for damages as stated in paragraph (1) with the Jeju District Court, and filed two copies of the revised sales contract as stated in paragraph (1) with the public officials of Jeju District Court who are aware of the fact,

3. The Defendant attempted to commit fraud, even though the Defendant did not conclude a special agreement with the victim, which imposes a civil liability for the shortage of actual cultivation area, while entering into a contract for the sale and purchase with the victim C, she shall yield the same monthly yield from the victim’s dry field.

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