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Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On May 16, 2013, the Defendant started the voluntary auction of the land and building located in Jung-gu Incheon Metropolitan City, which is owned by the Defendant, and the Defendant was born back to the victim. From April 5, 2009 to April 5, 2009, the Defendant, who was the victim, entered into a lease contract of KRW 40 million on the second floor of the above building and used it to acquire the dividend to be received by the victim if the said real estate is purchased to another person.
In fact, the defendant did not state that the certified judicial scrivener D had stated that "a relative relationship cannot be distributed through an auction" to the defendant, and the victim was a lessee who properly resides in the above building with the fixed date and was in the position to receive all the victim's dividends of KRW 40 million through the above auction. In addition, there is no need to enter into an agreement that the victim shall receive part of the dividends between the tenant and the lessor and pay the remainder to the lessor as the obligation and obligation of the lessor.
Nevertheless, in April 2014, the Defendant called the victim on a closed-end basis, and made a false statement to the effect that “The amount of dividends that a certified judicial scrivener in charge of the above-mentioned auction affairs may not be paid at the rate of dividends paid through an auction. The amount of dividends that a certified judicial scrivener in charge of the above-mentioned auction affairs may receive to the maximum extent possible through the above certified judicial scrivener is equal to the amount of KRW 15 million among dividends, the lessee shall receive only KRW 15 million out of dividends and prepare an agreement with the lessor that the remainder of dividends shall be paid to the lessor.”
The Defendant, upon receiving a written agreement from the victim to the effect that “the lessee shall receive KRW 15 million out of the lessee’s dividends in the above auction case and return the remainder to the lessor,” the Defendant, and said agreement to D, and on May 30, 2014.