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(영문) 광주지방법원 2013.04.05 2012고단5698

사기미수

Text

Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Upon the completion of the entry registration of the decision of compulsory auction (Seoul District Court G) as of February 1, 2010, the Defendants offered to receive dividend by filing an application for compulsory auction against the F apartment No. 101 and 403, a final and conclusive judgment in favor of the victim E in the lawsuit for loan claim filed against the defendant Eul, with the title of execution, as of February 1, 2010, after the victim Eul filed an application for a compulsory auction against the defendant Eul-gu, Seo-gu, Gwangju-gu, Gwangju-gu, Gwangju-gu, Gwangju-gu, which was owned by the defendant Eul.

around February 5, 2010, the Defendants submitted a report on the right to demand dividends of KRW 30 million and a request for demand for distribution to the Gwangju District Court's civil execution in 7-12 as law-abiding Dong-gu, Gwangju, and the above false lease contract with the lessor as of January 10, 2010, and the date of the contract with the lessor as of January 10, 2010. On April 30, 2010, the Defendants submitted a report on the right to demand dividends of KRW 30 million and a request for demand for distribution, along with the false lease contract attached to the Civil Execution of the Gwangju District Court's Civil Execution and the above lease contract. However, around May 24, 2010, the Defendants failed to receive dividends from the victim's application for the exclusion of dividends.

As a result, the Defendants conspired in collusion with the court to receive property by deceiving the court, but did not bring about an attempted crime.

Summary of Evidence

1. Defendant B’s legal statement (the fifth trial date);

1. The entry of some of the witness I in the third protocol of trial;

1. Statements of witnesses J and B in the fourth trial records;

1. The statement under B made in the protocol concerning the interrogation of suspect A by the prosecution;

1. Statement of the police statement of E;

1. A complaint;

1. Application of Acts and subordinate statutes to a certified copy of the register, a report on rights and a request for distribution, real estate lease contract, certified copy of the resident registration, a distribution schedule,

1. Relevant Articles 352 and 347 of the Criminal Act concerning criminal facts