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(영문) 서울북부지방법원 2018.10.18 2017고단428

사기미수등

Text

1. Defendant D, E, A, C, and G are punished by imprisonment of eight months, and Defendant B, H, F, and I shall be punished by imprisonment of ten months, respectively.

2. Provided, That this shall not apply.

Reasons

Punishment of the crime

Brackers are urged to repay due to overdue loans, etc. but can not properly sell due to the establishment of collateral security, etc., the housing is secured through a lease contract which is not a sales contract, on the condition that even if the lease contract is made to the owner, it does not claim the refund of the lease deposit.

In addition, if a person who intends to acquire a house by auction prepares a lease contract with the amount of preferential repayment right of small deposit before the decision on commencement of auction, has opposing power, and files a lien report as if he/she performed internal repair works, he/she may be held an auction, and some of the proceeds from sale can be recovered by receiving dividends through preferential repayment right of small deposit in the

Sub-paragraph.

Accordingly, the next transferor's account is received the payment (if the transferee is unable to deposit before the commencement of the auction, broker's first deposit) is the lessor who pretends that the lessor received the lease deposit from the lessee and distributes the payment to each other.

Thus, the transferor who pretended to be the lessor has lost all of the proceeds through the auction of the house, and the transferee who pretended to be the lessee is a structure that infringes on the interests of the creditors of the owner by securing some funds, and by collecting the money invested within the scope of the right to preferential repayment of the small amount of deposit out of the successful bid price, the right to lease, reporting on the right to lease, demand for distribution, and lien as if the owner had the right to return the lease deposit and the right of retention against the owner who completed the auction procedure.

1. Defendant G, a joint crime of Defendant D, E, G, H, C, K, K, L, etc. set up the right to collateral security (as of May 20, 2009, the maximum claim amount of KRW 648.7 million on and around May 20, 2009, and the maximum claim amount of KRW 27.95 million on and around June 24, 2011, on and around September 6, 2012, Defendant G established the right to collateral security (as of September 6, 2012).