사기미수
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is the representative director of C, a building company.
The Defendant newly constructed a sub-loan on the land owned in Gwangju City, and carried out construction works with F that supplies steel bars to the above site. On September 13, 2012, in order to secure the claim for construction price to E, the Defendant created a mortgage of the maximum amount of KRW 1 billion with C and F as the right holder of the claim for the said land, and received dividends of KRW 42 million in combination with F in a voluntary auction procedure (Ywon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch G) commenced on June 27, 2013.
On the other hand, on October 23, 2012, the victim H seized F’s monetary claim of KRW 23 million against F as the preserved claim, and seized F’s monetary claim for the construction cost of collateral security rights held by F with E on October 23, 2012, and subsequently seized F’s dividends during the voluntary auction procedure for the said land and received dividends of KRW 7,177,293.
The Defendant: (a) confiscated and collected the F’s claim for construction cost on the F’s collateral; (b) in order to prevent the enforcement of the victim’s claim, F renounced all of its claim related to the said construction site prior to seizure of the victim’s claim; and (c) released a false appearance as if F’s claim subject to seizure of the victim’s claim did not exist; and (d) released the victim’s claim against the victim; and (c) taken out the dividend of KRW 7,17,293, which the victim received by the victim.
On November 2012, the Defendant filed a lawsuit seeking confirmation of the existence of a claim to the effect that F’s dividend amounting to KRW 21 million out of the dividend of the auction case as C and Defendant F was the Defendant’s claim with F’s claim (No. 79867, Jul. 11, 2016), and that F’s claim was confirmed on July 11, 2016, by requesting F to F from the members of the Young-gu, Yongsan-gu, Seoul, Seoul, to the effect that “the said construction was renounced on October 15, 2012.”