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(영문) 인천지방법원 2016.04.29 2015고단7081
사기미수등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On September 16, 2014, the Defendants submitted to the attorney-at-law G in charge of the authentication of the said office a promissory note in the amount of KRW 1 billion in the issuer B, the addressee A, and the face value of the said Promissory Notes in F, and had him/her prepare a fair certificate of the said Promissory Notes and keep it in the office immediately.

However, the Defendants attempted to purchase the goods by Defendant B

H. Promissory Notes were drawn up with the intention to produce to I, the owner of H pent, and, even if Promissory Notes were issued only formally without the intention to bear the authentic obligation or acquire the bonds, the act of false declaration to G as if there was a real issuance of the Promissory Notes, thereby making a notary public make the original copy of the Promissory Notes false and keep them.

2. On January 22, 2015, Defendant A sought a seizure and collection order claiming KRW 100,000 to the employee in charge of the application of this court based on the above process certificate, and sought pecuniary benefits from the above amount of the claim. However, Defendant A did not object to the victim’s objection but failed to achieve the purpose.

Summary of Evidence

1. The legal statement of Defendant B and some of Defendant A’s legal statement

1. Part of the witness J’s legal statement;

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. A protocol concerning the examination of suspect of the defendant A;

1. Defendant A denies a crime by asserting that the original copy of the bill of exchange stated in the facts constituting a crime was prepared with the intent to acquire the claim, and that it was executed accordingly.

However, according to each of the legal statements by Defendant A and the witness J, the process of preparing the original copy of the instant bill of lading is as follows: “Defendant A, who was delegated by I to purchase and sell the penture, expressed his intention to purchase the penture, continues to conclude the sales contract.”

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