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(영문) 부산지방법원 동부지원 2015.10.07 2015고단708

사기미수등

Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive, the above sentence against Defendant A.

Reasons

Punishment of the crime

Defendant

A is the owner of the entire "F" building, which is the land E in Busan-gun and urban-type residential housing on its ground, and Defendant B is a person who has a claim for construction cost equivalent to KRW 20 million for Defendant A, while performing part of the construction work during the period from December 12, 2013 to May 22, 2014.

Defendant

A bears the obligation to pay the construction cost equivalent to KRW 500 million to the construction business operators of the above building, including G, without any particular property or income, other than the above land and the building. However, Defendant A had already been jointly secured with the above land and the building, and Defendant A had already established the first priority collateral (which is equivalent to KRW 470 million of the maximum debt amount, which the debtor is the Bank of Korea, Co., Ltd., Ltd.) with the debtor as the defendant, and the second priority collateral (which is equivalent to KRW 470 million of the maximum debt amount, which is about KRW 49 billion of the maximum debt amount, which the debtor as the defendant Eul-a-mortgage is the defendant, respectively, and thus, if auction is conducted for the above land and the building, the defendant B, the creditor of the construction cost against the defendant, cannot preserve the full amount equivalent to his claim for the construction cost from such auction proceeds.

On June 30, 2014, G and H demanded the payment of the construction cost to Defendant A, and requested a request for auction of the said land and building. The Defendants prepared a false lease agreement as if a lease agreement was concluded in each room of the said building prior to the commencement of the auction on the said building, which is acknowledged as the priority repayment right under the Housing Lease Protection Act. On June 30, 2014, from the Busan District Court's Dong Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branched the above preparation of the decision on commencement of auction on the said building and applied

The Defendants of "2015 Highest 708" interfered with the process of auction as seen above by the firstman on June 2014.