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(영문) 의정부지방법원 2014.09.04 2014고정799
사기미수
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 23, 2013, the Defendant: (a) filed a lawsuit for the return of the lease deposit with the victim C at the Jungyang-si District Court located in 158-4, Namyang-si, Dong-dong; (b) the Defendant conspired with D to conclude a real estate lease contract with the Defendant for the said 301,00 million won as to deposit 1,40 million won as to deposit 300 million won as to the above 301, although the real estate lease contract was not entered into between the Defendant and D with respect to E 301; and (c) based on such false real estate lease contract, the Defendant prepared a false real estate lease contract with the intent to March 29, 2013, stating that the name of the above 301, the victim did not perform the promise with the intention to explain the above 301 until March 20, 2013, thereby making a claim for damages of 20 million won as the above real estate lease contract was destroyed between the Defendant and D.

As above, the Defendant, by deceiving the above court, received the money equivalent to the above money from the above court, but the victim respondeded to such attempted money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning C and D;

1. Copy of the counter-claim;

1. Application of Acts and subordinate statutes on the real estate charter contract;

1. Articles 347 (1) and 352 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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