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(영문) 대전지방법원 2017.09.22 2017고단2799
사기미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant was holding approximately KRW 120 million loan claims against D, the actual owner of the above building, the Defendant proposed to submit a voluntary request for auction on the above building from D, the land owner of D, “The Daegu-dong New-dong, Daegu-dong, would prepare a false lease contract and make a registration of the establishment of a right to lease on a deposit basis, and then demand a distribution during a voluntary auction procedure, and subsequently made a false lease contract under the name of F, one’s own wife, G, and H, one’s own wife, G, and based on this, offered a demand for distribution in the voluntary auction procedure for the above building, and thereby, conspired with the above E, G, and H to receive dividends in preference to other creditors.

Accordingly, on August 4, 2014, the Defendant prepared a false lease contract in attached Form 301, stating that “F, lessor, E, lease deposit 20 million won, lease deposit 20 million won, from August 4, 2014 to June 3, 2015” with respect to the above C 301, the Defendant, as indicated in the list of crimes in attached Form 3, prepared a false lease contract between the two and August 6, 2014, and then filed a move-in report on the basis thereof. On September 1, 2014, the Defendant completed a move-in report on the basis of the aforementioned three false lease contract with the Daegu District Court located in Daegu-gu, Daegu District Court, Daegu District Court, in the case of voluntary auction of real estate, to be excluded from dividends under the Housing Lease Protection Act, on the ground of the aforementioned false contract written in the case of voluntary auction of real estate. However, the Defendant did not request the lessee to preferentially submit a report on rights and a written application for distribution to the lessee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning the examination of a suspect of HJ, F, and D;

1. Each lease contract;

1. Application of Acts and subordinate statutes on distribution schedule;

1. Relevant Article of the Criminal Act and Articles 352 and 347(1) of the Criminal Act concerning criminal facts.

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