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Defendants shall be punished by imprisonment for eight months.
However, as to the Defendants for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[2011 Highest 698] The Defendants conspired to receive dividends belonging to the above court in the auction procedure by way of making a false report on the change of rights and demand for distribution, as they actually obtained a claim amounting to KRW 200 million from G, which is the first secured mortgagee of the maximum debt amount of KRW 200 million against the above real estate, when E, who had a claim amounting to KRW 1,50,000 against Defendant B with respect to the real estate on May 18, 2010.
On October 6, 2010, the Defendants prepared a false certificate of transfer of the right to collateral security, stating the amount of the remaining credit amount of KRW 20 million, even though the remaining credit amount is below KRW 20 million, and, on October 8, 2010, submitted the above certificate of transfer of collateral security to employees under the name of the above court without knowledge of the fact, tried to receive the amount exceeding the dividends appropriated on the basis of KRW 242,847,123 of the amount of the above auction property upon filing an application for the report on the change of the right and the claim for distribution of KRW 20 million of the actual credit amount. However, on May 23, 2011, the complainant filed an objection to the dividend decision with the above auction court and attempted to receive the amount exceeding the dividends appropriated on the basis of KRW 242,847,123 of the amount of the above auction property.
[2012 Highest 915] Defendant B driven, around 22:25 August 201, 2012, J Sejong-do Motor Vehicle at approximately 2 kmm from the entrance of a mountain beach located in Bocheon-dong in Bocheon-si, Sincheon-dong, to the roads located in the same citynan-dong located in Seocheon-dong.
Summary of Evidence
[2011 Highest 698]
1. Defendants’ partial statement
1. Each prosecutor's protocol of interrogation of the Defendants (including each substitute part)
1. Statement to E by the police;
1. An investigation report (a report accompanying documents for change of collateral security) and accompanying documents;