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(영문) 서울중앙지방법원 2020.11.02 2020고단4807
사기미수
Text

Defendant

A The defendant A shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. As Defendant A and Defendant B’s co-principal Defendants anticipated a compulsory auction on the instant housing owned by Defendant A (hereinafter “instant housing”) in Jongno-gu Seoul, Jongno-gu, Seoul, Defendant B, on the ground that Defendant B is the most lessee, planned to receive dividends from the public auction and acquire them by receiving dividends in preference to the F. In the auction procedure, the security right holder for the instant housing, as a small lessee.

On September 9, 2017, the Defendants prepared a lease agreement stating that “B pays deposit of KRW 40 million to A, and rents one room on the first floor of the instant housing.” Defendant B made a move-in report to Jongno-gu Seoul E on September 26, 2017, and obtained a fixed date on September 29, 2017.

Defendant

B on December 15, 2017, civil execution department of the Seoul Central District Court and the public official in charge of the real estate G compulsory auction case of the Seoul Central District Court submitted a lease contract with a fixed date attached, and a written application for the report of rights and a request for distribution in the name of Defendant B attached to the resident registration card (Abstract) on Defendant B

However, in fact, Defendant B was the most lessee who prepared the lease contract for the purpose of receiving a preferential dividend in preference to the person having a preferential security right after being protected as a small lessee in the auction procedure on the instant housing, and Defendant B did not have paid the amount of KRW 40 million to Defendant A, but did not have leased one room on the first floor of the instant housing.

Ultimately, the Defendants submitted an application for a false report on rights and a demand for distribution as above and made the judicial assistant officer in charge of the above real estate compulsory auction to prepare a distribution schedule stating that “The amount of KRW 32 million shall be distributed to lessee B in the first order.” However, on September 10, 2018, the Seoul Central District Court filed a lawsuit of demurrer against distribution with the Seoul Central District Court No. 2018Da519369.

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