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(영문) 대전지방법원 홍성지원 2018.01.10 2017고단767
사기미수등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The premise fact-finding C established the Agricultural Company D (Representative E) and received KRW 115,00,000 investment money from the Defendant. On August 17, 2012, the Daejeon District Court rendered a successful bid of KRW 397,000,000,000 for KRW 224,60,000, and completed the registration of ownership transfer in the name of the Agricultural Company D in the name of the Agricultural Company.

Since then, on May 5, 2013, the Defendant requested C to withdraw investment and return investment funds, and C made an agreement on the return of equity investment funds with the Defendant on May 5, 2013, and C paid KRW 20,000,000 on the day to the Defendant’s account. On August 12, 2013, the Defendant paid KRW 13,00,000 on the check before the Defendant’s own account. The Defendant made a receipt to C, and the settlement was completed between the Defendant and C.

[Criminal Facts]

1. Around March 6, 2017, the Defendant drafted a false complaint with respect to C and E, in writing, from the Defendant’s office located in Hongsung-gun I, 107 dong 701.

The head of the accusation is "C and E in collusion with the defendant to make a joint investment in money and make a false statement about the distribution of real estate at the time of receiving a successful bid of 115,00,000 won from the defendant for investment. However, after receiving a successful bid of the above real estate, 1/2 shares of the real estate have not been given after receiving a successful bid of the above real estate, and 195,000,000 won from the Korea National Credit Cooperative on May 6, 2013 without the defendant's consent, and 65,00,000,000,000 won from the Korea National Credit Cooperative on December 30, 2015, and 130,000,000 won from the Korea National Credit Cooperative on April 6, 2016 to receive a loan from the defendant and receive the above investment under the pretext of 130,000,000,000 won.

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