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(영문) 서울서부지방법원 2015.02.11 2014고단2829
사기미수
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the defendants, the two-year period from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who works in the daily work day, and Defendant B is a person who works in the lodging business and a person who works in the lodging business.

Defendant

A borrowed money from April 2005 to July 2005 from July 18, 2005 from the victim D, and written a certificate of loan to pay the victim a sum of KRW 520 million with the principal and interest of the loan up to August 15, 2005. However, the victim paid a sum of KRW 180 million out of the loan amount and did not pay a sum of KRW 340 million. The victim filed a request with the Incheon District Court for auction on August 22, 2008 for auction against 1/2 of the amount of KRW 770 square meters of the land E-70 square meters of the Incheon Incheon District Court, and filed a request for auction against Defendant A’s land and building with the Seodaemun-gu Seoul District Court on June 4, 2008.

Accordingly, the Defendants decided to jointly purchase the above E forest and field around 1990, but Defendant A failed to raise funds for purchase, and Defendant B purchased the forest and field independently. Although 50% of the purchase funds is limited to KRW 88.1 million, around June 5, 2005, Defendant A prepared a written agreement with Defendant B to return a sum of KRW 460 million with the above forest and field purchase funds, Defendant A conspired to deceiving the court by participating in the auction procedure and applying for dividend based on the above most recent claim.

On December 26, 2008, the Defendants participated in the Seoul Western District Court G Real Estate Compulsory Auction procedure in Mapo-gu Seoul District Court in Mapo-gu, Seoul, and filed an application for dividend of KRW 460 million with the claim claim amounting to KRW 460 million after attaching the agreement that Defendant A would have paid the claim amounting to KRW 460 million with the purchase funds of forest land E as above E, and filed an application for dividend of KRW 460 million with the Incheon District Court located in Nam-gu, Incheon on March 11, 2009, the Defendants participated in the procedure for the compulsory auction of real estate at the Incheon District Court, Incheon District Court, and applied for dividend of KRW 460 million with the claim amounting to KRW 460 million after attaching the above agreement.

As a result, the Defendants conspired to act on the basis of false claim.

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