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(영문) 수원지방법원 2012.05.10 2011고정2868
사기미수
Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 10 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B is a person who has substantially been in charge of the G lending in the name of the mother F.

Defendant

B On October 107, 2007, around 2007, the victim made a registration of the right to claim the transfer of ownership with respect to the victim's obligation to the victim H(47 years of age and credit). On April 1, 2010, the ownership of the same loan was transferred to the victim.

After the victim completed the registration of ownership transfer of the above lending 202, the Defendants were able to acquire money by deceiving the victim by jointly preparing a false lease contract even though he did not have concluded the above lending 202 with Defendant A.

On May 30, 2008, the Defendants drafted a false lease agreement with the owner of the loan, F, and Defendant A, as if they concluded a lease agreement with the owner of the loan around 20,000 won of the deposit money. On May 27, 2010, the Defendants sent the lease agreement by facsimile to the victim around May 27, 2010.

On the same day, Defendant A received the phone from the victim, stating that “In Korea, around May 30, 2008, Gagra 202 entered into a lease contract with B(F) and 20,000 won as Gagra 20,000 won, and thus, Defendant A falsely entered into a lease contract with B(F).”

However, the victim's refusal to pay was an attempted attempt.

Summary of Evidence

1. Each legal statement of witness I and H;

1. Statements in part of the police interrogation protocol of each police officer's interrogation protocol of B and A (the investigation record of one right, 18 pages, 2 pages, 17 pages, 81 pages, 120 pages);

1. Statement made by the police officer to I;

1. A copy of a confirmation of fact (one sphere 117 pages);

1. Investigative report (2: 58 pages), investigative report (302, 2, 161 pages);

1. A copy of the complaint (a right of 84 pages);

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Defendants: Articles 352, 347 (1), and 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. The order of provisional payment;

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