Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Since the crime of fraud is established.

Even if the court's disposal act is not recognized as effective, it is the commencement of the crime of fraud, so at least the attempted crime of fraud is established.

Judgment

The summary of the facts charged of this case is as follows: (a) despite the absence of a claim to borrow KRW 20,000,000 against the victim F, the Defendant falsely prepared a false certificate of borrowing in the victim’s name; (b) completed the registration of the establishment of the right to collateral security in the future with respect to the lending of this case (hereinafter “the lending of this case”) as indicated in the judgment below by the lower court; and (c) accordingly, acquired dividends of KRW 10,880,885 by applying for a voluntary auction of real estate on the lending

The lower court determined that, as indicated in the facts charged, the Defendant received dividends in the distribution procedure due to the progress of voluntary auction procedure based on the registration of invalid collateral security as to the registration of establishment.

Even if such auction procedure becomes null and void due to its cause, the victim does not lose the ownership of the loan of this case and the purchaser is not entitled to acquire the ownership, and the dividend paid by the defendant can be claimed by the purchaser who does not acquire the ownership to return unjust profits to the defendant. Thus, the court's voluntary auction procedure had the content and effect

In determining that it cannot be seen, the facts charged of this case were acquitted.

If it is proved that the property victim of the facts charged for the trial and the victim stated in the indictment are different, the identity of the facts charged shall not be disturbed and the defendant's exercise of his/her right to defense shall not be disadvantaged.