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(영문) 인천지방법원 2015.10.22 2014고단5014
사기미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 28, 2009, the Defendant, at the creditor’s request, conspired with the Defendant to receive the lease deposit as a small lessee of the foregoing house, F and G using a false document, who was released from the decision of commencement of auction to Incheon District Court E on December 28, 2009.

F and G around January 15, 2010, at the Incheon District Court's civil execution department and office located in Nam-dong 278-2, Nam-gu, Incheon District Court's civil execution department and office, and at the above court's office, the fact that the above court's real estate E case had not been leased a part of the above house by paying the deposit to the defendant, attached a false copy of the lease contract which was made on condition that part of the above house was leased under the condition that deposit amount of KRW 20 million and security deposit amount of KRW 10 million, and submitted the above documents to the execution and employees whose name of the above court is unknown.

Accordingly, the defendant, in collusion with the above F and G, interfered with the fair auction of the real estate auction case by fraudulent means.

2. The Defendant, who attempted to commit fraud, dismissed a request for auction on May 28, 2010. On September 9, 2011, the Incheon Southern-gu Incheon Southern-gu, upon the request of the Mutual Aid & Credit Cooperatives (hereinafter “FF”) of the Mutual Aid & Security Association, concluded that F and G would receive the deposit for lease by using false documents.

F and G submitted to the defendant an application for compulsory auction of the above real estate by paying a deposit of KRW 20 million, deposit of KRW 10 million, and a false deposit of KRW 10 million, and an application for a report on rights and a demand for distribution along with a false lease agreement as if they leased part of the above housing, and made on March 14, 2012 the Incheon District Court’s judicial assistant officer prepared a distribution schedule to the effect that he/she distributes the amount of KRW 16 million to F and KRW 10 million to G. However, the victim D on March 9, 2012.

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