logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.01.16 2013고정1419
사기미수
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 24, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the crime of obstruction of performance of official duties, etc. at the District Court, and two years of suspended execution, and the said judgment became final and conclusive on June 1, 2013.

On October 25, 2011, the Defendant was issued a payment order for KRW 29,611,188 of the construction materials rent for the construction of the victim limited liability company at the Jung-gu District Court on the part of the Defendant Company C, and was paid KRW 20,727,831 by agreement from the damaged company on January 20, 2012, and received full repayment of the claim under the above payment order.

However, on July 20, 2012, the Defendant issued a seizure and collection order of KRW 33,797,318 as to the claim against the National Bank of Korea and the New Bank of Korea based on the claim for the payment order already repaid at the Jeonjin-gu District Court of Jeonjin-gu, Hongjin-gu, Seoul, 2012, based on the claim for the payment order already extinguished.

The Defendant intended to collect and acquire the above KRW 33,797,318 in accordance with the above order of seizure and collection, but was aware of it, and was committed an attempted attempt by withdrawing an application for the above order of seizure and collection around July 31, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of lease, payment order (user fee 201j3693, Namyang-si, the Namyang-si court of the Republic of Korea) in September 201, statement of payment of unpaid money, written agreement, statement of payment of payments to other joint exchange network, and statement of payment to other joint exchange network, an application for the seizure and collection order of bonds, an application for the withdrawal of bond cancer and collection order, and a statement of payment note;

1. Previous convictions: Application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The gist of the assertion still remains at the time when the Defendant received the instant seizure and collection order, and the Defendant still remains at the time of receiving the said order.

arrow