beta
(영문) 대구지방법원 김천지원 2020.02.20 2019고정342

사기

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the mother of B.

Defendant

A, on June 15, 2012, upon the application by Defendant E for compulsory auction, with respect to the building of the Gu-si C and D ground (hereinafter “instant building”), one’s own ownership, the decision to commence compulsory auction was made on June 15, 2012, and upon the receipt of the above decision to commence compulsory auction on June 21, 2012, upon the receipt of the above decision to commence compulsory auction on June 21, 2012, after preparing a false lease contract with ASEAN on some of the instant building between ASEAN and ASEAN, he received an amount equivalent to the right to preferential reimbursement of small lessee by making a request for a report on

Around June 2012, the Defendant and B drafted a false lease agreement stating that “A, a lessor, leased to the lessee on March 15, 201, leased KRW 20 million to the lessee, one column in the second floor of the instant building.”

After that, on October 2, 2014, when the procedures for the voluntary auction (H) of the Daegu District Court Kimcheon Branch (Seoul District Court) started upon the creditor G association’s voluntary auction application on October 2, 2014, B submitted a report on rights and an application for demand for distribution, stating “20 million won for the lease deposit,” based on the claim for return of false lease deposit equivalent to KRW 20 million to the above auction court on December 8, 2014, from March 15, 2011 to March 15, 2011.”

However, in fact, although Defendant A did not have paid KRW 20 million as the deposit for lease, Defendant A did not have a claim for the return of the deposit for lease equivalent to the above amount.

Nevertheless, on August 25, 2015, Defendant A and B conspired to deception the auction court as above and acquired 12 million won out of the dividends of KRW 407,345,433 as a small lessee.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement to E by the police;

1. Full certificate of the matters to be registered;