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(영문) 서울서부지방법원 2013.07.04 2013고정118
사기미수
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On October 2, 2008, the Defendant lent 30 million won to the victim gold Industry Co., Ltd. at the law firm Lee Insan located in Guro-gu Seoul Metropolitan Government, 3 Dong-ro, 1125-1, and 302, and received a promissory note with a face value of 30 million won from the victim, and on December 2, 2008, a notary public drafted a notarial deed on the said promissory note as 940 on December 2, 2008.

On May 4, 2010, the Defendant had been paid all the interest on the above loan from the victim until May 4, 2010. However, the Defendant had attempted to acquire the amount equivalent to the face value through the execution of the said promissory note notarial deed by inserting the fact that the victim did not recover the said promissory note.

Accordingly, around August 17, 2011, the Defendant applied for an order of seizure and assignment of claims against the victim based on the notarial deed of a promissory note as above against the Suwon District Court Decision 2011TB2555, and applied for an order of seizure and assignment of claims amounting to KRW 30 million from the above court that knew of such fact on the 19th day of the same month. However, the Defendant failed to realize the purport by losing the objection raised by the victim in the lawsuit of objection.

Summary of Evidence

1. C’s legal statement;

1. Application of notarial deeds, transfer certificate, promissory note copy, duplicate copy of passbook, written decision, copy of complaint, and statutes of the judgment;

1. Relevant Article 352 of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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