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Reasons
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(영문) 의정부지방법원 2016.08.11 2016고단2442
사기미수
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 23, 2012, the Defendant, as the representative director of C Co., Ltd., filed a lawsuit against the victim D to claim for the payment of sales agency fees with the Daejeon District Court, which rendered a judgment in favor of the Daejeon High Court on July 23, 2015, that “the victim shall pay C Co., Ltd. KRW 142,750,00 and its interest.”

On July 27, 2015, the injured party deposited KRW 163,711,884, which is the sum of the principal and interest of KRW 142,750,000 and the principal of KRW 142,750,00 as a person who deposited the injured party as a depositor at the Daejeon District Court, and the accused received KRW 148,37,405, excluding the amount seized by creditors of C, out of the deposit amount.

Nevertheless, on February 26, 2016, the Defendant filed a request for a seizure and collection order with the Daejeon District Court located in Seo-gu Daejeon District Court, Seo-gu, Daejeon, Daejeon, Daejeon, to the effect that “the Defendant would pay KRW 180,373,420, including KRW 142,750,00 and interest for delay 37,623,420,” with the Defendant’s non-payment of the money based on the above judgment of the Daejeon High Court, the Defendant filed a request for the above judgment of the Daejeon High Court.

However, as seen earlier, the Defendant could not claim the amount based on the final judgment against the victim, since the Defendant received all the money from the injured party.

As such, the Defendant, by deceiving the Daejeon District Court, attempted to acquire the above money by obtaining a decision of seizure and collection order of KRW 180,373,420 from the said court, but did not bring an objection to the claim by the victim on March 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the protocol of interrogation of the suspect against the accused by the prosecution;

1. Statement made by the police for E;

1. The Daejeon District Court's ruling-a collection order for the seizure of claims, and the Daejeon District Court's ruling for the seizure of claims;

1. The judgment of the Daejeon High Court is the body of the High Court.

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