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(영문) 춘천지방법원강릉지원 2020.09.18 2020고단447

사기미수

Text

Defendant

A shall be punished by a fine of KRW 3,000,00 and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A as the owner of the second floor house located in Gangnam-si C, around June 10, 2015 at D’s request, and upon the commencement of a compulsory auction on the above house on June 26, 2017, upon the commencement of a compulsory auction on the above house, A entered into a false lease contract in collusion with E and Do-in Defendant B, and planned to receive dividends from the auction proceeds of the above house on the basis of the above lease contract.

1. Defendant A and E, even though they did not enter into a lease agreement, drafted a false lease agreement stating that “Defendant A leased the first floor of the said house to E in a deposit amount of KRW 50 million on June 18, 2016,” even though Defendant A and E did not enter into a lease agreement.

Defendant

A around September 14, 2017, in the case of the compulsory auction on the real estate of Gangnam Branch Branch of the Chuncheon District Court on the above house, around September 14, 2017, prepared a report of right and a written application for demand for distribution to the effect that the security deposit amount of KRW 50 million may be distributed in the auction procedure based on the aforementioned false lease agreement, and submitted a written application for the report of right and a request for distribution, and intended to receive dividends of other creditors, such as the victim D who demanded a distribution, and the amount of the above security deposit, but the horse who did not engage in an illegal act later, failed to commit the crime by submitting the said report of right and a written withdrawal of demand for distribution on March 19, 2018 upon

2. Defendant A prepared a false lease agreement stating that “A around October 17, 2016, even though there was no fact that the Defendants entered into a lease agreement, Defendant A leased the two above houses to Defendant B with the deposit amount of KRW 50 million.”

Defendant

A around September 14, 2017, based on a false lease agreement in the above real estate compulsory auction case, the amount calculated by dividing the amount of claims of other creditors, such as victim D, etc. who demanded a distribution, by submitting an application for a report on rights and a request for distribution, to the effect that the above deposit amount is to be distributed in the auction procedure, based on a false lease agreement.