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(영문) 서울서부지방법원 2017.06.30 2016고단3473

사기등

Text

[Defendant A, B, C, D, and E] Defendants A and B shall be punished by imprisonment with prison labor for two years and four months, and Defendant C, D, and E shall be punished by imprisonment with prison labor for one year and four months.

Reasons

Punishment of the crime

2016 Highest 3473 [Defendant A, B]

1. Defendants A as Defendants are those in charge of execution of judgment, auction of movable property, delivery of documents and goods, fines, minor fines, fines for negligence, collection of penalties or prosecutions, sale of confiscated objects, execution of warrants according to orders of the court and prosecutor, etc., in support of enforcement officers, and Defendant B is those in charge of execution of warrant according to orders of the court and prosecutor.

2. The Defendants: (a) calculated the number of persons to be members of the labor group necessary for the execution of compulsory execution, such as the surrender of the building; (b) received the personnel expenses to be paid from the creditors in advance; (c) concluded a labor service contract with the office of the AJ enforcement officer and the office of the KM operator of the labor team from around 2005 to around December 2015; (d) concluded a labor service contract with the AJ enforcement officer from around 2003 to December 2015 with the operation of the JN as the labor team leader; and (e) notified the employees of the AJ enforcement officer and the office of the AJ enforcement officer from around 203 to December 2015 with the number of employees to be mobilized at the site of compulsory execution; and (e) submitted the written request for labor expenses for the execution of name, etc. (hereinafter “written request for labor expenses”) prepared by K and J to the enforcement officer, and then paid the said K and the J with the labor expenses.

A. Defendant A submitted a “written claim for labor cost” stating that all of the estimated figures were inputs to an execution officer in the actual execution site in conducting compulsory execution, such as the name map of a building, etc., Defendant A conspired with J and K to obtain labor cost equivalent to the total number of the labor cost paid by the creditors in advance by J and K, and to receive payment from J and K, and to receive the difference by receiving the labor cost equivalent to the number of the labor cost paid in advance by the creditors from J and K.

The defendant is a creditor AO who applied for compulsory execution on December 2014.