beta
Text
Defendant
A A Fine of 5,00,000 won, Defendant B of 2,000,000 won, and Defendant C of 2,000,000 won, respectively.
Reasons
Punishment of the crime
Defendant
A is the lessee who acquired the ownership of the Ftel in Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as “the instant officetel”), the Defendant B is the manager of the instant officetel on behalf of the head of the management office, G entered into a lease contract with H and I, the owner of the instant officetel on April 7, 2010, and the lessee who entered into a lease contract with H and I, the owner of the instant officetel on behalf of the head of the management office, and the Defendant C entered into a lease contract with A on or around April 2013 of the lease deposit amount of KRW 67 million.
On December 4, 2013, the officetel applied for a voluntary auction by a national bank that created the right to collateral security on the above officetel building. On the 5th day of the same month, the Seoul Eastern District Court decided to commence a voluntary auction.
Accordingly, the Defendants and G conspired to receive part of the deposit (1.6 million won) from the security interest holders, such as the National Bank, by reducing the deposit amount under the lease contract between G and Defendant C, and by retroactively preparing a new lease contract in accordance with the criteria of the small-sum lessee who has the right of priority repayment under the Housing Lease Protection Act, by reducing the deposit amount under the lease contract between G and Defendant C, and by preparing a new lease contract that meets the criteria of the security interest holders such as the National Bank, etc., in case of small-sum lessee who has the right of priority repayment under the Housing Lease Protection Act and the Enforcement Decree of the same Act (as of the time of the crime, 40 million won or more) without a separate settlement date.
1. On February 18, 2014, the Defendants and G conspired with the Defendants to commit the joint crimes of Defendants A, B, and G: (a) drafted, retroactively, at the management office located on the instant officetel 1st floor, a lease agreement with the term “35 million won for lease”; (b) the lessor A; (c) the term “rent G”; and (d) March 21, 2012, “G” as of the date of preparation; and (c) G submitted the said lease agreement to the two joints of the Seoul Eastern District Court Auction around February 18, 2014; and (c) by the said court around July 2016.