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(영문) 서울서부지방법원 2014.07.16 2011고정2514
사기미수
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 21, 2010, the Defendant presented, as if the Plaintiff were a normal bill, a promissory note issued in the name of F G with a face value of KRW 340,00,000 issued by the Defendant and H with a view to the “E” on December 21, 2010, which is located in Mapo-gu Seoul Metropolitan Government 1’s operation, to the effect that the Defendant and H are the ordinary promissory note, and there is a need for the amount of money to be paid up to the next week. The final settlement of the funds is the completion of construction equivalent to KRW 10,000,000 and the remainder is paid up to KRW 170,000 at the discount of this Promissory note and KRW 34,00,000,000 at a face value of KRW 34,00,000,000 and KRW 210,000,000 at the discount of that note and KRW 30,000,00.

However, there is no intention or ability to pay the amount equivalent to the face value as an endorser of a promissory note even if the two promissory note were not issued and distributed normally, and the defendant received money from the victim as a discount.

As above, the Defendant attempted to deceiving the victim and receive KRW 380 million from the victim under the pretext of the discount amount of promissory notes, but the victim failed to deliver a discount amount, citing the forgery of a promissory note, thereby having attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Testimony of the D or J respectively;

1. Protocol of examination of the witness to K;

1. Statement of the police statement of D, J, K, and L;

1. Copies of each promissory note;

1. Application of Acts and subordinate statutes on police seizure records;

1. Criminal facts;

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