logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2015.08.13 2015고단609
사기미수
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was the representative director of C, and the above C completed the new construction of building on the D ground of the Chungcheongbuk-gun.

On July 26, 2012, the Defendant filed a lawsuit with the Cheongju District Court against the victim E, the nominal owner on the register of the said land and building, claiming the payment of the construction cost equivalent to KRW 429 million.

However, in fact, the defendant was aware that the victim was merely the title trustee of the land and the building, and the actual owner was F, and since the construction work of the building of this case was conducted under the contract between F and C, the debtor to pay the construction cost was F and the victim was not responsible for it.

The defendant was judged in favor of the plaintiff on September 19, 2012 by public notice from the court. However, the victim filed an appeal for subsequent completion around August 2013.

As a result, the defendant, by deceiving the court, intended to receive property from the victim, but the victim was only attempted to file an appeal.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement F and G in the suspect examination protocol of the prosecution concerning F;

1. Each police protocol of statement concerning G, and police suspect interrogation protocol of H;

1. Application of Acts and subordinate statutes, such as a copy of the complaint (Evidence No. 11), a copy of the standard contract for private construction works (Evidence No. 12), a copy of the standard contract for private construction works (Evidence No. 13), a copy of the decision (Evidence No. 13), a copy of the decision (Evidence No. 15), a full certificate of registered matters (Evidence No. 15), a decision (Evidence No. 2013Na107) (Evidence No. 20);

1. Relevant provisions of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act concerning the choice of punishment;

1. The defendant with reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, considering the following reasons for sentencing) is realizing a disposition document prepared at the time of the representative director prior to the takeover of the company.

arrow