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(영문) 서울동부지방법원 2014.09.19 2014고단2405

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Upon the request of B around July 2006, in order to establish a collateral security right under Article 106 of the first floor of the building D, the Defendant was jointly and severally and severally guaranteed by C at the time of borrowing approximately KRW 330,00,000,00 from Han Bank, Hana Bank. However, in September 2007, the Defendant failed to pay interest, etc. on the actual use of the above loan at time, and was placed under auction due to the provisional attachment of Nos. 702 of the 102, 702, Seoul, Gwangjin-gu, Seoul, Seoul, the Defendant (hereinafter “the apartment of this case”), which is the Defendant’s ownership, from Hana Bank, around 50,000,00 won in Jeju, after receiving a proposal from F that the Defendant would be able to make up for about KRW 50,00,000,000, in terms of fees, and received a false registration for the establishment of the collateral security right in the auction procedure.

Around October 14, 2010, F established the right to collateral security with the debtor, the creditor, F, and the maximum debt amount of KRW 20,000,00 on the apartment of this case. Around November 23, 2010, F again established the right to collateral security with the debtor, G, and the maximum debt amount of KRW 400,00 on the apartment of this case.

However, there was no fact that the Defendant had borne the obligation of the above content to F and G.

F) As above, by establishing each of the above collective mortgages and by deceiving the court on January 17, 2012 by submitting a claim statement on each of the above collective mortgages on the 18th of the same month, the FF made the court distribute the sales price of the instant apartment in accordance with the amount of credit, dividend order, etc. under the voluntary auction procedure applied by the 2nd and 3rd community credit cooperatives (Seoul East Eastern District Court H, etc.) with respect to the instant apartment in accordance with the amount of credit, distribution order, etc. On October 14, 2010, with respect to the said collective mortgage as of October 27, 2012, and with respect to the above collective mortgages on November 23, 2010. < Amended by Act No. 11374, Feb. 23, 2012>