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(영문) 창원지방법원 마산지원 2012.05.16 2012고단29
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

The summary of the facts charged is the defendant who operates the 3rd floor of the D. D. building in Changwon-si.

In fact, although the defendant did not have a loan of KRW 20 million to the victim F, the defendant made a false loan certificate of KRW 20 million in the above F's name on September 15, 2005, the defendant acquired the above F's name by entering the loan certificate "9, 15, 2005, 208, 108, 208, 208, 2008, 300,000 won in the above F's name from the Changwon District Court of Changwon-gu on September 20, 2005, 30,000 won in the registration of the establishment of a mortgage at the Hawon-gun, Hawon-gun's Department of Registry, which was named F in the above F's name on November 19, 207, 308, 2008, 3008,008,000 won in the registration of the establishment of a mortgage.

In this case, on the premise that the procedure for filing an application for auction based on the registration of the establishment of a neighboring mortgage, which is null and void, the public prosecutor, lost ownership, and the successful bidder lawfully acquired the ownership of the loan of this case, the public prosecutor is deemed to have indicted the auction court by filing an application for voluntary auction based on the false loan certificate prepared by the above I. Furthermore, in the distribution procedure of this case, on the ground that F, the owner of the loan of this case, received dividends of KRW 10,880,885 in lieu of the dividends to be received by F, who is the owner of the loan of this case, in the distribution procedure of this case, and acquired them by fraud, the public prosecutor deemed F, the owner of the loan of this case, as the victim, and indicted him as a

Therefore, the procedure of the application for voluntary auction of this case is valid, so it is so-called, unlike the case of compulsory auction, as to whether the F loses ownership of the loan of this case and the successful bidder legally acquires ownership.

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