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(영문) 대전지방법원 논산지원 2013.07.02 2013고정84
사기미수등
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

[criminal power] On July 27, 2012, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users in the Daejeon District Court's Branch. On August 4, 2012, the judgment became final and conclusive.

【Criminal Facts】

1. On September 1, 201, the Defendant violated the Illegal Check Control Act (hereinafter “Unlawful Check Control Act”) at the D restaurant located in Seosan-si, Seosan-si, with the knowledge of the source of the No.S. operated by Gyeyang E, and then, with the knowledge of the source of the No.S. E, E would receive KRW 30 million from E, and E would first bring about KRW 20 million. (b) If you lend KRW 20 million to B, you would immediately return the check number “G”, face value “20,000,000 won” to F.

Nevertheless, in order to escape payment of the above cashier's checks, the Defendant falsely reported that the checks were lost by calls from the Defendant's residence located at H at the time of debate on September 3, 201, and from the NAC Call Center.

2. Around September 7, 2011, the Defendant attempted to take property benefits equivalent to the face value of the above cashier’s checks by applying for a public summons to the above court, even though the Defendant did not have lost one cashier’s checks, in the public service center of the Daejeon District Court (Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to E, F and I;

1. Entry of a chief executive officer (including cashier's checks, a receipt of report on loss, and a nullification judgment);

1. Criminal records as stated in the judgment: Application of each of the Acts and subordinate statutes stated in the inquiry report and the copy of the judgment;

1. The point of attempted fraud under Article 352 and Article 347 (1) of the Criminal Act concerning the relevant criminal facts and Article 4 (False Reporting and Selection of Fines) of the Control of Illegal Check elective for Punishment;

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