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(영문) 서울중앙지방법원 2016.11.08 2015고정4865
사기
Text

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

The Defendant, an attorney-at-law, was aware of the number of cases in around 2009, and then received 100 million won promissory notes (No. 11, 2012) with face value of 100 million won (No. 11, 2012) and 100 million won (No. 12, 2012) with face value of 30 January 30, 2012, and received notarial notes (No. 12, 2012) from the victim from the victim on March 2, 2012.

On January 10, 2013, the Defendant applied for a compulsory auction (Seoul Western District Court DD) of the promissory note No. 11, 2012 on the Mapo-gu building owned by the victim as an executive title, but around October 4, 2013, the Defendant withdrawn the auction after receiving KRW 100 million of the promissory note No. 11, 2012 from the victim to prevent the progress of the above auction procedure. As such, the Defendant had to return or discard the promissory note No. 11, 2012 No. 11, 2012, which was issued by multiple copies of the promissory note No. 11 and its execution clause.

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was legally adopted and investigated by this court.

The Defendant: (a) around October 21, 2013, at the Mapo-gu Seoul Western District Court; (b) the Promissory Notes (No. 174) held by him/her are extinguished due to the foregoing circumstances; (c) so, the Defendant is required to return or discard to the victims of the Promissory Notes (No. 11) held by him/her; and (d) despite the fact that the Promissory Notes (No. 11) held by him/her had been filed for a compulsory auction on the Mapo-gu building owned by the victim, and submitted as evidence to prove the title of the Promissory Notes No. 12, Oct. 31, 2013 (E) and received a decision to commence the auction (E) on December 23, 2014 as dividend from the said court on December 23, 2014.

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