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(영문) 대전지방법원 2016.06.14 2015고단1101
사기미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 6, 2014, the Defendant: (a) filed a petition with the competent public service center of the Daejeon District Court located in Seo-gu Daejeon District Court, Seo-gu, Daejeon; (b) filed a petition with the competent public official under the name of the said court to the effect that “The Defendant completed the construction of the Daejeon Dong-gu G, Daejeon, 21, 938 square meters neighboring living facilities and the office construction from the injured party on June 201, under a contract for the construction of the Daejeon Dong-gu G, Daejeon, 21,938 square meters; and (c) the Defendant filed a petition with the public official under the jurisdiction of the said court for the construction cost of KRW 171,00,000,000,000 for the unpaid construction

However, in fact, the Defendant received a contract for the said construction cost of KRW 168 million from the injured party and received the payment in full, and around May 2012, entered the increase in the construction cost in order to reduce the value-added tax and income tax, etc., upon receipt of a request from the injured party to prepare a written contract, and accordingly, written a separate contract for construction work with the injured party, stating the increased construction cost of KRW 300 million, and thus, there was no claim for the construction cost equivalent to KRW 170,100,000 which was not paid by the injured party.

Defendant 1 submitted the above written complaint as evidence by deceiving the presiding judge of the Daejeon District Court No. 12 of the Daejeon District Court in charge of the above case, thereby deceiving the damaged party with the amount equivalent to KRW 171,00,00,000. However, the victim did not comply with the above written contract and did not commit an attempted crime.

Summary of Evidence

1. Entry of the defendant's partial statement in the protocol of interrogation of the suspect against the defendant by the prosecution and the statement H or F;

1. To state part of the defendant's statement in the second interrogation protocol against the defendant during the police service;

1. Statement made to F and I by each police statement;

1. An investigation report (Submission of the details of transactions related to AA project of a suspect), a detailed statement of transactions, an investigation report (Submission of the data on a complainant), an investigation report (Submission of the data on the details of direct processing of a complainant), and an investigation report;

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