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(영문) 서울남부지방법원 2015.10.07 2015고단1788
사기미수
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2014, the Defendant sold M&D land owned by the Defendant at KRW 1,810,000,000,000 to the Plaintiff-ASEAN Tax Accounting Corporation; on July 31, 2014, around July 31, 2014, the Defendant prepared and kept a side agreement containing KRW 3,05,000,000,000 with the victim for the purpose of obtaining a loan from a bank, with intent to file a lawsuit for claiming the purchase price with the victim.

On August 28, 2014, the Defendant filed a lawsuit claiming the payment of remaining purchase price (No. 2014Gahap43873) with the Seoul Central District Court located in Seocho-gu Seoul Metropolitan Government, Seocho-gu to the effect that the victim would pay the balance of KRW 1,240,000,000, not paid out of KRW 3,50,000,000,000.

However, in fact, the Defendant determined KRW 1.81 million with the victim as the purchase price, and received both payments on or around July 31, 2014, and thus, there was no claim for payment of the purchase price prohibition, and the Defendant was well aware of this fact.

Nevertheless, the Defendant, by deceiving the above court by submitting the above side agreement, a certified copy of the real estate register, and an exchange contract, intended to acquire property profits equivalent to KRW 1,240,000,000 from the victim as the balance of the purchase price. However, on March 18, 2015, the Defendant did not receive a judgment against the Plaintiff and did not intend to achieve that purport.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing 2014Gahap 43873 of a judgment in a sale price lawsuit;

1. Relevant Articles 347(1) and 352 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. It is so decided as per Disposition for the reason that Article 62(1) of the Criminal Act (the defendant is against his/her will and is not guilty) is not less than the sentence;

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