사기미수
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On October 30, 2013, Defendant A received and consented to receive dividends in the auction case by filing a false report on rent deposit with Defendant C, and on October 30, 2013, Defendant A submitted a lease contract for the above multi-family house No. 401, which is located in the Daejeon District Court located in Seo-gu, Seo-gu, Daejeon District Court, and applied for a report on the right of lease deposit claim No. 55 million won and demand for distribution with the obligee.
However, the Defendant did not provide C with a deposit of KRW 55 million, and the claim of KRW 55 million was reported as false rights to receive dividends.
Nevertheless, the defendant, in collusion with C, attempted to deceiving the auction court as above and obtain dividends corresponding to the above security deposit claim from the above court, but did not commit an attempted crime by cancelling a demand for distribution with the wind demanding details from the auction court.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning the examination of suspect by the police against C;
1. Statement made by the police with regard to F (a copy);
1. Application of Acts and subordinate statutes to the records of civil execution cases;
1. Articles 352, 347(1), and 30 (Selection of Fine) of the Criminal Act applicable to criminal facts [the amount of fine for the summary order is somewhat excessive when considering the health conditions and economic conditions of the defendant, etc.];
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.