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(영문) 수원지방법원 안산지원 2013.11.19 2013고정100
사기미수등
Text

Defendants shall be punished by a fine of 1.5 million won.

If the Defendants did not pay the above fines, they shall be prohibited.

Reasons

Punishment of the crime

Defendant

A is the lessee of E E building 101 at the time of interested party owned D, and B is the lessee who resides in the 1st floor of the same building.

경매방해 고소인 서부네트웍스주식회사는 위 건물주인 D과의 금전대차관계로 위 건물에 대하여 부동산임의경매를 신청하여 2011. 10. 24. 경매개시결정이 된바, (1) 피고인 A은 사실은 위 건물에 보증금 3,000만원을 지불하고 거주하고 있음에도 D과 협의 하에 작성일자 2011. 11. 18., 보증금 사천만원이라고 허위의 임대차계약서를 작성하였다.

Based on this, on February 26, 2012, at the same domicile, the term “A” was written in the column for the deposit for lease in the form of “report on rights and a request for demand for distribution (house lease)” on the above building, and the term “A” was written in the signature column for the applicant for the demand for distribution, and then delegated the aforementioned documents to the F of D by attaching a copy of the above false lease contract, which was written in advance, to the F of D, and thereby, obstructed the fair auction of the said real estate auction case by means of deceptive scheme, and (2) the same B entered into a false lease contract with D, stating that: (a) although the said building has paid the deposit of five million won to the said building and resided in consultation with D, it was written on October 10, 201; (b) the date of preparation; (c) the deposit is KRW 0 million; and

Based on this, on February 26, 2012, on the basis of the foregoing, on the leased deposit column in the “application for report of right and demand for distribution (house lease)” for the above building at the above address, the “B” was stated in the column for the signature of the applicant for demand for distribution, and attached the copy of the above false lease agreement entered in advance as above, and delegated the aforementioned documents to the F of the Suwon District Court, thereby requesting the submission of the said documents to the Nwon District Court, thereby hindering the fair auction of the said real estate auction case by fraudulent means.

B. Attempted fraud (1) Defendant A.

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