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(영문) 서울동부지방법원 2015.11.25 2015고단1929

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. Around July 2006, the Defendant: (a) established a collateral security (hereinafter “the apartment of this case”) under the E 106 of the E 1st floor E, which is owned by C; (b) however, the Korea Asset Management Corporation (hereinafter “Korea Asset Management Corporation”) received loans from one bank around December 2007, about KRW 30 million from the KNF to obtain a joint guarantee; (c) however, F did not pay interest, etc. on September 2007 when it actually used the loan; (d) it did not pay by the due date; (e) but (e) it tried to sell the apartment of this case by provisional attachment of the H apartment No. 102 Dong 702 (hereinafter “the apartment of this case”); (e) it proposed that F would receive a false share of the amount corresponding to the amount of the debt of this case after completing the auction procedure.

On October 14, 2010, the Defendant established the right to collateral security with the debtor F, the mortgagee, the defendant, and the maximum debt amount of 20 million won on the apartment of this case. On November 23, 2010, the Defendant established the right to collateral security with the debtor F, the mortgagee, and the maximum debt amount of 400 million won on the apartment of this case.

However, at the time of fact, F did not bear the above obligation with the Defendant and I.

As above, the Defendant deceiving the above court by establishing a false collateral security and submitting a claim statement to the Seoul Eastern District Court on January 17, 2012 and caused the above court to distribute proceeds from the voluntary auction procedure requested by the 2,3rd Eastern Community Credit Cooperatives (Seoul East District CourtJ, etc.) with respect to the apartment of this case in accordance with the amount of credit and distribution order, etc., and against the court on October 14, 2010.