beta
(영문) 수원지방법원 안양지원 2015.09.24 2015고단956

사기미수

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A was in the situation where real estate auction will commence because it was impossible to repay the secured debt of the right to collateral security established on the FF ground (hereinafter “instant house”) at the time of Chungcheongnam-gu, Chungcheongnam-gu, the owner of the instant house. As such, as if there was a lessee of the instant house, A prepared a false lease contract, etc. and submitted it to the auction court to obtain the dividend by receiving the preferential dividend of the small amount leased deposit in the name of the lessee

1. Defendant A and Defendant B, despite the fact that they had not entered into a lease contract with respect to the first floor of the instant housing, concluded a false lease contract, and recruited to participate in the real estate auction procedure as a small lessee and to receive a preferential dividend.

The Defendants prepared a false real estate lease agreement in the office of the HH Institute for the operation of Defendant A, located in Guang-si around January 20, 2013, with the content that the Defendants are located in the form of the real estate lease agreement, such as the “YY-si, Chungcheongnam-do, Chungcheongnam-do,” the deposit “B0 million won,” the contract date, January 20, 2013, and the lessor A and the lessee B, and Defendant B filed a move-in report on the instant house on March 18, 2013, and obtained the fixed date on August 14, 2013.

After that, on August 27, 2013, the Daejeon District Court's public service center, located in Gong4-23, Seosan-si, Seosan-si, Seosan-si, has prepared a false report on the right in the name of Defendant B and a written application for demand for distribution, along with a copy of the lease agreement and a copy of resident registration as above, with respect to the real estate auction case of the instant house at the same court.

As a result, the Defendants conspired to deceive a court that may know of the above circumstances, thereby deceiving dividends of KRW 14 million. However, on April 28, 2015, the Defendants failed to commit the crime by submitting a written waiver of dividends to the above court.

2. Defendant A entered into a lease agreement with K who is a birthee and the second floor of the instant housing.