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(영문) 인천지방법원 2018.11.16 2018고단7135
사기미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Under the understanding of C, while the Defendant had occupied and used the land and buildings owned by C without compensation, he applied for an auction of the said land and buildings by the creditor E, who established the right to collateral security against the said land, and was willing to apply for a demand for distribution by pretending that there was the rent deposit, using a false real estate lease contract prepared for the loan of children's school expenses.

On September 8, 2017, the Defendant submitted an application for report on rights and a request for distribution to the effect that he/she has a claim for rent deposit amounting to KRW 80,00,000, as a lessee of the said officetel in relation to the instant case of compulsory auction of F real estate at the Incheon Incheon District Court of Law No. 163, Jun. 8, 2017, and submitted a false “application for report on rights and a request for distribution of real estate lease” to the effect that he/she

2. The Defendant attempted to deceiving the above court by submitting the “written application for a report on rights and a request for distribution” to the effect that he/she has a claim for a false lease deposit amounting to KRW 80,000,000 for the above building at the same date and place as above, but attempted to acquire dividends in preference to the victim E by deceiving the above court and taking precedence over the victim E in light of the evidence record, but revised the criminal facts to the extent that the Defendant’s defense right is not infringed on.

In the auction procedure, the object of the auction was not inspected and the intention was not achieved.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (to make a statement by a witness C telephone conversations, to submit a written statement by a witness, and to submit a written contract for sales of real estate C);

1. A copy of each real estate lease agreement, and a copy of each real estate lease agreement;

1. Full certificate of registered matters, search for auction cases, copy of a written application for exclusion from distribution, copy of confirmation of non-existence of lease, copy of each written confirmation, copy of each correction order, and each written opinion;

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