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(영문) 전주지방법원 군산지원 2017.10.25 2017고정255
사기미수
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who sells livestock products under the name of C.

On or around October 11, 2010, the Defendant: (a) at the Jeonju District Court, Gunsan Branch of the Jeju District Court, which was located in the Jeju-si, Jeju-si on or around January 9, 2013, the Defendant: (b) on or around October 11, 2010,: (c) on the loan instrument drawn up by the victim D, the Defendant agreed to pay KRW 87 million to the Defendant in the manner of payment of the debt owed by D; (d) on the basis of F’s 1,00,000 won, the Defendant drafted to secure the agreement; (e) later, until June 2012, the Defendant paid the said debt to F; and (e) on the basis that the obligor was in possession of the above loan instrument; (e) on the grounds that the obligor was unaware of the said loan instrument to receive KRW 12,459,178,100 and KRW 10,000,000 from the appellate court’s judgment against the Defendant, submission of the foregoing loan instrument of 24% damages.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to a complaint, copy of a request for payment order, and each copy of judgment;

1. Article 352 of the Criminal Act applicable to the crime, Articles 352 and 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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