사기
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 17, 2007, the Defendant filed an application for a real estate auction with respect to the parcel of land, such as D, Si-si, Si-si, Young-dong, 300, in order to exercise a security right as a creditor of the right to collateral security, and submitted an application for a real estate auction with the F, along with the “certificate of loan from August 9, 2007 in the name of the D Association” and the “certificate of collateral security contract,” which was received from the F, to the person in charge of the court affairs, to whom the employee in charge of the real estate was named.
However, around August 9, 2007, G, the president of the above union, promised to first deliver KRW 100 million in the event a loan is executed in the name of the association with the right to sell the building on condition of cancellation of provisional seizure requested by F with respect to the above E parcel, and was not secured by the mortgage contract between the defendant and the above association.
Nevertheless, on September 17, 2007, the Defendant submitted an application for the auction of real estate along with a certificate of 100 million won loan, as if the above certificate of 100 million won was the secured debt between the Defendant and the above association, along with a certificate of fright to collateral security and the certificate of fright to collateral security. Then, on June 23, 2010, the Defendant applied for the demand of distribution by the same method as the above, and then acquired the amount of KRW 75,317,467 as a dividend from the original branch of the Chuncheon District Court around July 26, 2010
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the accused in the first protocol of trial;
1. Statement of the prosecution of the accused concerning the interrogation of the suspect (including the part concerning theG and F statement);
1. A complaint;
1. A certificate of borrowing money (investigative records 9, 216 pages);
1. Application of Acts and subordinate statutes on distribution schedule;
1. Article 347 (1) of the Criminal Act applicable to the crime;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has no other penalty power than the fine of this kind, and the defendant recognized and received the dividend.