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(영문) 수원지방법원 성남지원 2012.08.09 2012고정665
사기미수
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant, jointly with the victim C, tried to recover the expenses paid while building the instant house D and E on the ground (hereinafter “instant house”), but the victim did not comply with it, and as the owner of the instant house became the Defendant, making it impossible to enforce compulsory execution. As such, the Defendant, based on the false obligee F, was served with a false payment order as if the F had a loan claim against the Defendant, and was issued with the false obligee as the title of execution, was issued with the payment order as if the F had a loan claim against the Defendant, and was in the form of enforcement title, the Defendant was the owner of the instant house, but was actually the owner of the ownership of the victim, and was

On August 30, 2010, the Defendant applied for a payment order for a loan with “creditor F, Obligor A, and Claim Amount of KRW 60,000,00” to the Sungwon District Court in Seongbuk-gu Seoul Special Metropolitan City for the payment order, and around August 31, 2010, the Defendant received a payment order from the above court to the effect that “debtor A shall pay the above Claim Amount to Creditor F,” and then did not raise any objection, thereby allowing the above payment order to be finalized on September 21, 2010.

On December 23, 2010, the Defendant submitted an application for compulsory sale of real estate under the name of creditors F, debtor and owner A, claim amount of KRW 60,051,660, and real estate D and E-ground detached Housing (the instant housing) in Gyeonggi-do, which are to be sold at auction, under the title of execution order that became final and conclusive for the payment order at Sung-gu District Court in Sung-dong, Seongdong-gu, Sungnam-gu, Sung-gu, Seoul.

In addition, the Defendant had the instant housing registered on January 27, 201 due to the commission of the registration of the decision to commence the compulsory auction of real estate by the foregoing method.

However, the Defendant did not bear the above loan obligations against F, and this case.

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