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(영문) 울산지방법원 2015.04.02 2015고정71
사기미수
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around October 21, 2008, the Defendant purchased approximately KRW 160,000,000,000 from Ulsan-gun C land in Ulsan-gun. Around October 30, 2003, the Defendant constructed a four-story building on the ground of the above land with a maximum debt amount of KRW 700,000,000,000,000,000,000,000,000,000,000,000 won, and on October 30, 2003, registered for the preservation of ownership under the name of the above B, etc. on the above building. The Defendant was engaged in various management affairs, such as (i) residing in the above building; (ii) the Defendant’s wife D; and (iii) leasing the remainder of the above building to the Victim on KRW 12,300,000,000,000,000,000,000 from the above building; and (iv) lease to the victim on KRW 13,1615,000,00,000,00.

Upon expiration of the lease term, the Defendant could not return the leased deposit due to any financial shortage, etc., even if he was requested from the above G, F, etc., and on February 28, 2011, G filed a registration of commercial building lease with respect to the portion of the leased deposit, 74,100,000 won, which is the unclaimed portion of the leased deposit, and the F filed a registration of provisional attachment with respect to the above building on August 25, 201, the amount of the claim for the above building was KRW 120,000,000,000,000 won. On January 9, 2012, the decision to commence a voluntary auction was made on the above real estate upon the request of the above Yang Agricultural Cooperatives, which was a mortgagee, the Defendant, the above D, and the above E, who were residing in the above building, asserted that they were a lessee of a small amount without the refund deposit, and submitted a false report on the right and a request for distribution to the court.

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