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(영문) 서울동부지방법원 2014.12.12 2013고정1682
사기미수등
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 4.5 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On August 2012, Defendant A, through the mediation of Victim D, a licensed real estate agent, promoted a contract to sell “F” carpet stores in Mapo-gu Seoul Metropolitan Government E, which he operated, to Defendant B.

Therefore, the victim performed brokerage services for several months, such as having contacted the parties several times for the formation of the above sales contract, but the defendants filed a lawsuit against the defendants who did not pay brokerage fees to the Seoul Western District Court for the payment of brokerage fees.

As such, the Defendants conspired to submit as evidence a false contract to the effect that the sales contract was concluded by another person in order to win the above civil procedure. On January 2013, 2013, the Defendants attempted to obtain pecuniary benefits equivalent to the same amount of money by having G prepare a false “transfer or acquisition contract” as if G had been in charge of acting as a direct sales contract, and by inducing G to submit it as evidence to the said civil litigation division, and by inducing the court to pay a commission of KRW 7.2 million, the Defendants did not intend to obtain pecuniary benefits equivalent to the same amount of money, but failed to achieve such intent.

2. Defendant B prepared a false contract in order to submit it as evidence for a civil procedure to G, with the knowledge of the fact, and the fact that Defendant B prepared a false contract as described in the preceding paragraph (the defendant B and A bear 500,000 won each of them), and made him/her prepare a false contract as described in the preceding paragraph. In preparation for the case where he/she gives testimony as to the authenticity of the contract at the court’s date of pleading, he/she decided that G may give a false testimony as follows.

G In accordance with the aforementioned resolution, G was present and take an oath on February 19, 2013 as a witness at the date of pleading of the case where the Seoul Western District Court No. 2012Gau87475 (Plaintiff: D and Defendant B) was requested for brokerage commission, and testified.

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