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(영문) 부산지방법원 2016.07.21 2016고정1944

사기미수

Text

Defendants shall be punished by a fine of five million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A, around March 11, 2013, borrowed KRW 120,000,00 from the Suwon-gu, Busan, Suwon-ro, 705-ro, 48,000,00,000,000,000,000 from the Suwon-gu, Busan, which was owned by the principal as the creditor, set the first priority mortgage of KRW 14,40,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, as the creditor.

After that, when Defendant A was unable to repay the above debt of the Seocho Saemaeul Cooperative, and the auction of the above real estate was initiated, Defendant B knew that he was unable to receive the distribution of the above real estate, Defendant B made a false small-sum lessee to Defendant A and asked Defendant A to receive the distribution prior to the Suwon Saemaeul Treasury, and Defendant A consented thereto.

On March 6, 2015, the Defendants conspired as above, and agreed that the amount of the total loan between the Defendants shall be KRW 25 million,00,000,000,000 in addition to the amount of KRW 7 million additionally borrowed from Defendant B and under the pretext of unpaid interest, in the vicinity of the Busan Gangseo-gu Busan Metropolitan City, the trade name of which was located. Defendant B prepared a real estate lease agreement with the lessor as “A”, the lessee as the mother of Defendant B, the lessee as “E”, and the deposit money as “this million won,” and Defendant B affixed his name and seal on the above lease agreement. Defendant B moved to the location of the said real estate upon confirmation date of the lease agreement on the same day in order to obtain the status of a small lessee under the Housing Lease Protection Act, but the fact was that the lease agreement was not actually concluded between the Defendants.