A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 18, 2010, the Defendant entered into a contract with the victim B to sell 2 parcels of land in Cheongyang-gun C and D in Cheongyang-do, Chungcheongnam-do, and on July 12, 2010, the Defendant completed the registration of transfer of ownership to the victim on July 12, 2010. On July 1, 2010, the Defendant entered into a certificate of fairness in monetary consumption lending and borrowing agreements with the victim on lending KRW 30 million to the victim.

After that, the Defendant transferred the amount of KRW 5 million from the injured party on July 25, 2010, KRW 15 million on September 9, 2010, KRW 15 million on September 13, 2010, and KRW 10 million on September 13, 2010, and all obligations on the process deed were extinguished.

1. On September 14, 2018, the Defendant was unable to receive KRW 30,000,000 from the injured party on the process deed even though the obligation under the process deed was fully extinguished, in the Daejeon District Court’s official support located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

The claim amount was claimed to be KRW 104,095,890 and applied for compulsory auction.

As seen above, Defendant attempted to obtain pecuniary benefits equivalent to the above amount by deceiving Justice Assistant E who belongs to the court, thereby obtaining a compulsory auction order of the Daejeon District Court’s official order for official residence branch on September 17, 2018, but was attempted to receive pecuniary benefits by withdrawing the above compulsory auction application on October 8, 2018.

2. On June 14, 2019, the Defendant was unable to receive KRW 140 million from the injured party on the pertinent process deed even though the Defendant’s obligation under the said process deed was fully extinguished, in the Daejeon District Court’s official support located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

The claim amount is 51,696,348 won and the compulsory auction was applied for.

As above, the Defendant attempted to acquire pecuniary benefits equivalent to the above amount by deceiving Justice Assistant E who belongs to the court and obtaining the compulsory auction order of the Daejeon District Court G real estate G with the Daejeon District Court on the same day. However, on May 14, 2020, the Defendant committed an attempted auction by taking account of the above compulsory auction application.

Summary of Evidence

1. Statement by the defendant in court;

1. Each of the defendants;