beta
(영문) 부산지방법원 2016.12.09 2016고단5597

사기미수등

Text

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

Reasons

Punishment of the crime

1. The Defendant, who attempted to commit fraud, purchased the right to lease on a deposit basis with a lower amount than the registered deposit on a deposit basis, and planned to make profits by securing the maximum dividend within the scope of the amount equivalent to the deposit on a deposit basis registered through the auction procedure, on the ground that there was a case in which the registration of the right to lease on a deposit basis has been made in excess of the actual deposit amount for the purpose of preparing for the compulsory execution by the general creditor after newly

Accordingly, around September 5, 201, the Defendant drafted a distribution schedule to the effect that “the total amount of KRW 29,045,129 shall be paid to G” in the case of the auction of HH real estate in Busan District Court on March 25, 2013, the Defendant: (a) purchased the lease on a deposit basis in the name of D, the owner of the title of D, 301, from F, the registration of the lease on a deposit basis, KRW 5,00,000,000,000,000,000 won, from E, who is the owner of the title of D, who is in charge of such registration; and (b) purchased the lease on a deposit basis, in the name of E, the Defendant’s wife, who is in

In addition, around March 19, 2012, the Defendant: (a) purchased the registration of chonsegwon (right to lease on a deposit basis) 55 million won from F to 28 million won; and (b) completed the registration of chonsegwon in the Defendant’s wife’s name; and (c) applied for voluntary auction on June 19, 2012; and (d) around September 27, 2013, the distribution schedule was prepared to the effect that “the dividends amounting to 34,446,98 won shall be paid to G” in the case of the G real estate auction in Busan District Court JJ of the Busan District Court.

Around July 9, 2013, the Defendant filed a lawsuit of demurrer against distribution with the Busan District Court 2013Kadan54365 to the effect that, “Around July 9, 2013, K, the provisional attachment authority of the above 301, as the Defendant’s wife G, paid 29,045,129 won of the Defendant’s dividend amount of KRW 10,000,000, and the Plaintiff’s dividend amount of KRW 19,045,129 to KRW 19,00,000, respectively,” and that the Defendant paid 29,045,129 won or more to D through F.