logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2017.08.18 2017고정20
사기미수
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 21, 2016, the Defendant prepared a false complaint stating that “Around March 2, 2012, around 2012, around 2012, around 2015 lent five million won to C a total of five million won,” against the victim C at the collegiate branch of the Daejeon District Court, Seosan Branch of the Daejeon District Court.”

However, on March 2, 2012, the Defendant did not lend 5 million won to the victim, and the Defendant paid 5 million won check to D as the construction cost of the subsidized project.

Although Defendant attempted to defraud 5 million won from the damaged person by deceiving the court as above, Defendant did not receive a judgment against dismissal of Plaintiff’s claim on October 28, 2016 and did not commit an attempted crime.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Statement made by the prosecution with regard to D;

1. A written application for payment order (the investigation records, page 15, 16);

1. The E witness statement;

1. Judgment on a claim for loan;

1. Requests for information on financial transactions (25 pages of investigation records);

1. Details of passbook A:

1. Inquiry of the transaction ledger by the check number in his front, and detailed screen of the deposit transaction (31,32 pages of investigation records);

1. Application of five copies of a check to five Acts and subordinate statutes;

1. The pertinent legal provisions of the Criminal Act and Articles 352 and 347(1) of the Criminal Act regarding criminal facts, the selection of fines [the following circumstances acknowledged by this Court’s adopted and investigated evidence, i.e., the Defendant: (a) entered into a contract with D to install automatic clothes opening and closing devices (business cost 9.8 million won) for seven greenhouses with the agricultural materials room or sub-construction company, which was called “F,” around February 2, 2012; (b) the Defendant was obligated to pay 5.88 billion won of subsidies equivalent to 60% of the project cost from the granting military; and (c) the Defendant deposited 5.88 billion won of subsidies with the Defendant’s account on February 28, 2012 in the granting military; and (d) the Defendant deposited 5.88 billion won of subsidies from the subsidy account on March 2, 2012 to the withdrawal on February 3, 2012.

arrow