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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendant is a person who operated rice retail business under the name of “D”.
1. Around April 2008, the Defendant attempted to commit fraud entered into an agreement on out-of-product transactions with the farming association corporation of the Jeonnam Environment-Friendly Rice Cluster, completed the registration of establishment of a neighboring mortgage in the name of the above association with respect to the building of the Busan Young-gu E (hereinafter “the building of this case”) owned by C for the purpose of securing the credit payment, and delayed payment of the credit payment while continuing the credit transaction with the above association, and the above association filed an application for voluntary auction
On August 12, 2011, Busan District Court made a decision to voluntarily commence the auction procedure on the main building, and followed the auction procedure, on March 28, 2012, prepared a distribution schedule that distributes the total amount of KRW 92,618,330 of the auction proceeds to the above partnership.
Therefore, although the defendant is not a small lessee under the Housing Lease Protection Act for each part of the building of this case by F and G, he had the intention of deceiving the court by drawing up a false housing lease contract in F and G name and submitting it as evidence, thereby deceiving part of the above dividends.
The Defendant falsely prepares a lease contract (F, 30 million won, 20 million won on October 3, 2010, 201; 200 million won on the first floor of the building on the leased object) dated 5, 2011 (the second floor of the building on the leased object, c, lessee F, 20 million won, 20 million won on the leased object), the lease contract (the second floor of the building on the leased object) dated 10, 207 (the first floor of the building on the leased object, c, lessee G, 15 million won, 15 million won on the first floor of the building on the leased object) dated 15, 2010, 30 million won on the leased object, F and G to Busan District Court on April 3, 201, and 300,000 won on the building on the part of the Plaintiff association as the Defendant.