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(영문) 서울서부지방법원 2014.11.04 2014고정25
사기미수
Text

The defendant shall be innocent.

Reasons

1. On August 30, 2012, the Defendant: (a) at the public petition office of the Seodaemun-gu Seoul Western District Court, Mapo-gu Seoul District Court, the Defendant: (b) made a written complaint for a loan claim against the victim E, stating that “The Defendant E, Jun. 2, 201, lent rent of KRW 20 million to the Plaintiff on June 2, 201, because the lease deposit is insufficient to lease the G-owned housing in Mapo-gu Seoul Mapo-gu, Seoul; and (c) received money from others; (d) confirmed a lease contract written between G and the Defendant to repay money within ten (10) days; and (e) remitted money to the Defendant’s bank account (H); and (e) then, (e) made a written complaint for a loan claim with the content that “The Plaintiff would pay KRW 20 million and delay damages.”

However, in fact, the defendant was only the mother I of the victim who is not the victim E and transferred 20 million won to I out of the amount borrowed from I J, and there was no fact that the lease contract made between the victim and G was made after the above date.

Despite the fact that the Defendant, without confirming the lease agreement that G and the victim prepared, partially repaid the money borrowed from J, the Defendant: (a) confirmed the lease agreement prepared with G to verify that the Defendant borrowed money as the deposit for lease and used it as the deposit for lease; (b) filed a lawsuit against the Defendant in accordance with G in order to submit a false loan claim form No. 2012Ga36989; and (c) received a judgment against the Plaintiff’s rejection of the Plaintiff’s claim by deceiving the court; and (d) received a judgment against the Plaintiff’s rejection of the claim, the Defendant attempted to commit an attempted pecuniary benefit of KRW 20 million.

2. The judgment fraud is a crime that obtains a favorable judgment from the court by deceiving the court and thereby acquires the other party’s property or pecuniary advantage. If the judgment fraud is easily found guilty, the person shall make an argument favorable to himself/herself and file a lawsuit.

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