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(영문) 서울북부지방법원 2018.10.18 2017고단3317
사기등
Text

1. Defendant A’s imprisonment of two years, Defendant B and E’s imprisonment of eight months, Defendant C and D’s imprisonment of six months, and Defendant F.

Reasons

Punishment of the crime

[the crime structure of interference with the auction of this case has been urged by the auction intermediary bro to sell the house normally due to the default of the loan, but the house can not be sold normally due to the excessive establishment of collateral security, etc., by preparing a lease contract, instead of a sale contract, on the condition that the transferor will not claim the return of the deposit for the lease. A person who intends to acquire the house by auction has the opposing power by preparing a lease contract with the amount recognized as the preferential right to repayment of the small amount deposit prior to the registration of commencement of the auction, and filing a move-in report with the owner of the house at the auction, as if he performed the internal repair work, he can easily obtain the successful bid at the auction, and some part of the purchase price can be collected by receiving dividends through the preferential right to repayment of the small amount of deposit in the auction procedure, and prepared a lease contract with the above transferor as the lessor's account in the name of the transferor, and received the deposit in the name of the transferee (if the transferee is not able to deposit the deposit from the above lessee before the auction commencement of the lease deposit.

In the situation where the transferor of a house would lose all of the auction of the house in which he/she had resided, he/she shall secure some of the funds from the broker of the above auction in return for the transfer of the house, and the transferee who has pretended to the lessee shall file an auction procedure with the owner of the house by reporting the right of lease, the right of lease, the demand for distribution, and the right of retention as if he/she had the right of retention.

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