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(영문) 창원지방법원 2013.09.11 2013고단1698
사기미수
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B, around November 3, 2009, around 15,074 square meters of 15,074 square meters of 3306 square meters of e forest E, Kimhae-si, one owned by his son, and received the price of KRW 110,000,000 from the defendant A, and completed the registration of the right to claim ownership transfer on the above real estate by taking the defendant A as the person entitled to provisional registration.

After that, as a creditor of the above D, the victim F and G completed the registration of the establishment of the neighboring real estate, and the above G filed an application for auction of the said real estate based on the right to collateral security.

Accordingly, the Defendants prepared a loan certificate with the purport that Defendant A borrowed KRW 600 million from Defendant A in the above name on the ground that the market price of the above land purchased by Defendant A increased, and on this basis, Defendant A conspired to deceiving the court by reporting the claim amount of KRW 600 million to the auction court of the above real estate and to obtain money by deceiving the court by applying for dividend.

On October 5, 2012, the Defendants: (a) at the Changwon District Court located in Sungwon-si, Changwon-si; (b) Defendant B prepared a loan certificate stating that “Defendant D borrowed KRW 600 million from A as security at the time of Kimhae-si, 2009,” and issued it to the Defendant A; and (c) Defendant A applied for the dividend of the claim claim amounting to KRW 600,000,000 to the above court, accompanied by the loan certificate.

As a result, the Defendants conspired to deception the above auction court, and attempted to acquire 490 million won, excluding the amount of KRW 110 million out of the actual claim amount of KRW 600 million, by deceiving the above auction court. However, the above G withdrawn the request for auction on January 11, 2013 and subsequently failed to commit such act.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. A certified copy of a real estate register, search for auction cases, copy of notice, copy of a real estate sales contract, and application of statutes on receipts;

1. Articles 352, 347(1), 30, and 30 of the Criminal Act are applicable to the Defendants of the pertinent criminal facts and the choice of punishment.

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