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1. Defendant A shall be punished by a fine of 700,000 won and a fine of 500,000 won, respectively.
2. Defendants each of the above facts.
Reasons
Punishment of the crime
1. On February 2013, from around July 2013 to around July 2, 2013, Defendant A drafted a process of a contract for lending and borrowing of collateral prior to the payment of KRW 3 million from F in Gwangju-gu to September 17, 2015, with the intention to pay KRW 3 million, by borrowing KRW 3 million from the victim D, and by failing to pay the debt.
Since then, as Defendant A did not pay the above money, the victim was awarded 7.10,00 won to Defendant A by auction for eight corporeal movables, such as air conditioners in his house, etc. on July 30, 2015, the Gwangju District Court 2015No. 2288, and the victim received 428,240 won as dividends.
In addition, Defendant A was the successful bidder of August 2015, and Defendant A again purchased the foregoing eight tangible properties from Defendant B (hereinafter “the instant tangible properties”) with KRW 8.10,00,000 and then became the owner.
Accordingly, on September 15, 2015, the victim knew that he/she became the owner of the movable property of this case, and again seized the movable property of this case as the Gwangju District Court 2015No. 4224 to recover the remaining claims not repaid to the public service center of the Gwangju Dong-dong, Gwangju District Court (hereinafter “instant seizure”).
In order to escape the above compulsory execution, the Defendants conspired to file a lawsuit with Defendant B to the effect that they have ownership of the instant movable, and Defendant B filed a lawsuit of demurrer with the Gwangju District Court on September 23, 2015 by asserting that they are the owners of the instant movable property subject to compulsory execution.
As a result, the Defendants conspired to conceal the property by making it unclear about the ownership of the movable property of this case subject to compulsory execution.
2. The Defendants who attempted to commit fraud shall be entitled to the ownership of the movable property of this case subject to compulsory execution, as described in paragraph (1) to Defendant A.