beta
(영문) 제주지방법원 2018.11.27 2018고단246

사기미수

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who serves as a secretary at the B Certified Judicial Scriveners Office in the Jeju City.

On October 25, 2010, the Defendant lent KRW 40 million to C, and set up a collateral on the collateral the maximum amount of KRW 50 million against the E Apartment F in Jeju owned by the victim D.

On March 31, 201, the Defendant: (a) was a person who was liable for C with respect to a total of KRW 172 million, including the above KRW 40 million lent by a notary public to C at the G law office; (b) was prepared with a her husband’s certificate of fairness of consumption and loan agreement prior to the security deposit for transfer with H as a joint guarantor of police officer H; and (c) filed with the Jeju District Court on April 8, 201, an application for the attachment and assignment order of H’s benefit and retirement allowance claims with the Republic of Korea as the obligor; and (d) on May 19, 2011, the seizure and assignment order issued by the Jeju District Court was finalized on May 19, 2011.

In such a situation, the defendant did not cancel the registration of the establishment of the above right to collateral security by means of putting an application for a voluntary auction of real estate on the above apartment and receiving dividends.

On December 23, 2011, the Defendant intended to acquire money by voluntarily applying for an auction of real estate regarding the above apartment as if the aforementioned collateral is still effective at Jeju District Court located in the five-lane north of Jeju Island at Jeju, but the Defendant did not bring about an attempted attempt by Naom who decided to suspend the execution on January 10, 2013 while disputing the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of I by the prosecution;

1. A protocol concerning the examination of each police suspect with respect to C or H;

1. Statement made by the police against D;

1. A copy of a contract for creation of the right to collateral security and a fair deed;

1. Copy of an assignment order of claims 2329, Doz., the Jeju District Court 201 (Persons No. 11 April 1, 2011);

1. Copy of the decision to suspend compulsory execution relating to deposit money;

1. Jeju District Court J Real Estate.