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(영문) 창원지방법원 거창지원 2016.09.21 2016고단38
사기미수
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 6, 2014, the Defendant submitted a written complaint to the Changwon-gun District Court branching the Changwon-gun Branching the Changwon-gun Branching the Defendant (the Defendant) around March 2, 2014, to the effect that “The Plaintiff (the Defendant) purchased KRW 500,000,000 from the Defendant C (the injured party) for KRW 250,000,000, and that the Defendant paid KRW 25,000,00 in the name of the contract deposit. However, the Defendant sold the said pine trees to another person and without delivering the said pine trees, and thus, the Defendant paid KRW 50,00,000 to the Plaintiff as a penalty,” the Defendant presented a written complaint to the effect that “The Plaintiff (the Defendant) shall pay the Plaintiff KRW 50,00,000 as a penalty.”

However, the defendant did not have purchased 500 g tree from the injured party, and there was no fact that he paid 25,000,000 won to the injured party as the down payment for pine trees.

Nevertheless, the defendant asked the injured party to resolve the dispute over the pine trees that occurred between Sora and Sora, and the defendant prepared a false statement of the above contents with the court to the effect that the defendant purchased 500 g of the pine trees from the injured party in order to pretend that he had a legitimate title to the said pine trees as if he had a legitimate title.

Ultimately, the Defendant, by deceiving the court as above, attempted to defraud 50,000,000 won from the damaged person, but did not bring about the intent of the victim's response, but did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of the suspect by the police against the accused (in the case of the second-time suspect interrogation protocol, including C part of the statement);

1. Investigation reports (Attachment of judgments on compensation for damage to the future), and application of Acts and subordinate statutes to criminal investigation reports (to hear statements of public officials in charge);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 352 and 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 62(1) of the Criminal Act 1.

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