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(영문) 대전지방법원 홍성지원 2012.10.12 2012고단705
사기미수
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

When the victim B suffered injury and detained the victim B, the defendant suggested that the victim would be aware that the victim would bear a high-amount obligation in preparation for a civil lawsuit brought by C, and that the victim would pay 42 million won as consolation money under the premise of termination of de facto marriage relationship to D who was de facto marital relationship, the defendant received and kept a notarial deed from D in order to pretend that the defendant would have acquired the above claim for consolation money from D.

However, the above notarial deed was prepared, and the victim did not liquidate a de facto marital relationship with D and thus did not incur consolation money claim.

Since then, while the defendant was asked for the return of the above notarial deed from the victim who was released after being sentenced to a suspended sentence, he refused it, the victim did not pay expenses and money for the defendant even though the victim was detained, and the victim did not keep the above notarial deed in custody, he tried to obtain money by filing a civil lawsuit against the victim.

Around January 3, 2011, the Defendant filed a lawsuit against the victim for the acquisition money of KRW 42 million in the Daejeon District Court of Hongsung-gun, Hongsung-gun, Hongsung-gun, and attempted to acquire the above KRW 42 million by submitting a notarial deed in custody as evidence, but failed to achieve the purport of the judgment against the Defendant on June 14, 201, on the ground that there was no claim for consolation money, the Defendant was sentenced to the judgment against the Defendant on June 14, 201, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and D;

1. Written complaint, notarial deed, claim transfer and takeover contract, notice of assignment of claims, application of court rulings and other statutes;

1. Article 352 of the Criminal Act and Articles 352 and 352 of the Criminal Act concerning criminal facts;

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