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(영문) 인천지방법원 부천지원 2012.11.08 2011고단2063
사기미수등
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On November 16, 2001, from around August 2, 201 to around August 2, 201, the Defendant at the altered private document display: (a) he received KRW 15 million from E, the Defendant’s mother, from the Defendant’s mother on November 16, 2001; and (b) prepared and executed it to E; and (c) paid receipts (it stated that “A and B will receive KRW 15 million in full, and that D, F, and money will be repaid at the same time) (hereinafter referred to as “the receipt of this case”) (it stated that “A and B”) with the aim of exercising authority on the lower part of the lower part of the receipt (which is a private document in the name of D, which is a private document related to the rights and obligations, and submitted the altered receipt to the public service center as if he did not know of the aforementioned alteration from the Incheon District Court of Dong-gu, Busan District on August 2, 201.

B. Around August 2, 2010, the Defendant, who attempted to commit fraud, filed a lawsuit against D with the said court against the said court on the ground that “the Defendant shall pay to the Plaintiff the amount of KRW 15 million and the amount at the rate of 5% per annum from November 17, 2001 to August 30, 201, and 20% per annum from the next day to the date of full payment,” and submitted as evidence a receipt of the alteration as above.

In fact, however, around November 16, 2001, the mother of the defendant delivered KRW 15 million to D, and the defendant did not lend KRW 15 million to D.

As such, the Defendant, by deceiving the above court and obtaining a favorable judgment, intended to receive KRW 15 million from D. However, D’s response to this and did not bring about an attempted crime while continuing the lawsuit.

2. (1) The complainants prepared the receipt of this case stating, “I shall receive the million won in full, and shall pay D, F, and money on November 16, 2001,” respectively.

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