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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. Although the Defendant had not actually paid the lease deposit money to the Mapo-gu Seoul Metropolitan Government apartment (hereinafter “instant apartment”) No. 307 (hereinafter “instant apartment”) (hereinafter “instant apartment”), the Defendant submitted a “application for report on rights and a request for distribution” to the effect that the Defendant has a claim for the lease deposit amounting to KRW 80 million as the lessee under the instant 307, and attached a lease agreement (hereinafter “the instant lease agreement”) in the name of the Defendant and the Daesung Development Co.,, Ltd. (hereinafter “Masung Development”) with the deposit amounting to KRW 80,000,000, in relation to the civil case of the said apartment as Mapo-gu Seoul Western District Court’s 174 Seoul Western District Court’s compulsory auction on October 28, 2013.
Accordingly, the defendant has harmed the fairness of auction by fraudulent means.
2. The Defendant attempted to commit fraud, at the same date, time, and place as indicated in the preceding paragraph, to submit “the report on rights and the application for demand for distribution,” accompanied by the false contract of the instant lease, and to defraud the dividend cited by deceiving the court. However, the said compulsory auction case of the said real estate did not lead to an attempted attempt, even if the said compulsory auction case was not concluded by withdrawal on September 4, 2014.
Summary of Evidence
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Statement made by the police for E;
1. Seoul Western District Court Decision 2014 Ghana 4258 Decided 2014 and Seoul Western District Court Decision 2570 Decided 2570
1. An application for a report on rights and a demand for distribution, and the lease contract for the lease on deposit;
1. The search of the auction case (In full view of the following circumstances, even though the Defendant did not have the substance of the lease on the No. 307 of this case, the Defendant prepared a false lease contract of this case with Daesung Development Co., Ltd. (hereinafter “Masung Development”) as stated in its reasoning, and may sufficiently recognize the fact that the Defendant submitted to the court the “application for a report on rights and a request for distribution” to the court.
(1) Construction of west.