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(영문) 대구지방법원 2013.11.29 2013고단5416
사기미수등
Text

[Defendant A, B] Defendant A and B shall be punished by imprisonment for one year.

However, for two years from the date this judgment became final and conclusive, Defendant A, and .

Reasons

Criminal facts

Defendant

C is the owner of Busan Shipping Daegu E Apartment 203 Dong 602 (hereinafter referred to as "the apartment of this case").

On February 14, 2011, the Defendant completed the registration of the establishment of a mortgage over KRW 416,00,000 with respect to the instant apartment to the International Savings Bank (hereinafter referred to as the “International Savings Bank”) on February 14, 201, but was unable to repay the debt to the International Savings Bank, etc.

On December 9, 2011, the International Savings Bank applied for the commencement of voluntary auction to the Dong branch of the Busan District Court, and the real estate discretionary auction case (hereinafter referred to as the "voluntary auction of this case") was in progress as F of the same court.

1. Defendant A

A. When the instant voluntary auction procedure was conducted with respect to the said apartment, which was known to the owner of the instant apartment, the Defendant had been aware of with C, the Defendant: (a) had not entered into the instant voluntary auction procedure with C; and (b) had not been carried out construction work equivalent to KRW 30 million; and (c) had not been paid KRW 27 million out of the construction cost; (d) had failed to submit a false lien report to the effect that the said apartment had the right to retention, thereby delaying the said voluntary auction procedure; and (e) had the intent to obtain pecuniary benefits equivalent to KRW 27 million; and (e) had the intent to obtain pecuniary benefits equivalent to KRW 27 million.

On December 21, 2011, the Defendant submitted to the Busan District Court's dong Branch's 4th office of auction. On the voluntary auction of this case, the Defendant submitted a false lien report wherein the person who filed the lien is the Defendant, and the reported amount is KRW 27 million, accompanied by a false statement of payment undertaking, and submitted a written application for the report of rights and the demand for distribution on February 29, 2012.

Accordingly, the Defendant interfered with the fair auction of the instant apartment by means of the aforementioned deceptive scheme.

B. On February 29, 2012, the Defendant attempted to commit fraud is one of the following: (a) around the Busan District Court’s Dong Branch Branch’s auction auction.

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