사기
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
Basic Facts
On June 19, 2015, the Defendant entered into a lease agreement with the victim B, Seo-gu, Seo-gu, Daejeon (hereinafter “the above building”) with KRW 20 million, monthly rent of KRW 750,000,000. On February 11, 2017, the lease agreement was renewed as KRW 15 million and monthly rent of KRW 80,000.
Since then, E Union filed an application for voluntary auction with respect to the above building, and around March 9, 2018, there was a voluntary auction procedure, such as receiving a decision to commence voluntary auction from the Daejeon District Court F.
Criminal facts
On April 26, 2018, the Defendant submitted a false report on the right and a request for distribution, stating the deposit amount of KRW 7,500,000 as the monthly rent of KRW 20,000,00, to the Daejeon District Court located in 45, Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon.
However, in fact, the Defendant’s application for demand for distribution was based on a lease agreement dated June 19, 2015, which lost its validity, and the Defendant paid not only the rent of KRW 4,800,000,000 for the above period from February 11, 2017 to December 26, 2018, which is the date when the application for demand for distribution was submitted, but also the remainder of KRW 12,80,000 (17,600,000-4,80,000, which is the difference in the rental fees for the above period, as the Defendant paid only the rent of KRW 4,80,000 for the above period from February 26, 2018, which is the date when the distribution schedule became final, to December 26, 2018 (15,000,000,000).