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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 28, 2009, the Defendant: (a) participated in the auction case of the Jeonju District Court, the Jeonju District Court, which is in progress with respect to the Jeonjin-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City); (b) reported the claim of KRW 20 million for the lease deposit in the name of F; and (c) reported the claim of KRW 20 million for the lease deposit in G under the name of F; and (d) made a demand for distribution.
However, even though F and G did not have paid the lease deposit at all, in order to settle the claim relationship with H registered as the owner of the above building, the defendant f and G made a false demand for distribution as if F and G paid the lease deposit amount of KRW 20 million each by preparing and holding the lease contract in the name of F and employees-friendly G with each of the children of the defendant, F and G, in order to settle the claim relationship with H.
As above, the defendant deceivings employees in the name of the above court, and let employees in the name of the above court pay 12 million won in F name and 12 million won in G name on February 25, 2010, respectively, and the defendant receives in full the amount of the defendant, and the victim I and J who are the legitimate lessee of the above building are not paid a corresponding amount of the above building, thereby acquiring property benefits equivalent to the above amount of the money.
Summary of Evidence
1. Legal statement of the witness H;
1. Each investigation report and investigation report (the confirmation of voluntary auction date related to this case and dividend date, etc.);
1. Certified copies of donations, dividend lists, current status surveys, examination records (the Seoul Central District Court 2014 Gohap 592306), application of Acts and subordinate statutes of lease agreements;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;
1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (a heavier crime committed against the victim J, and Article 50) of the Act on the Aggravated Punishment of Concurrent Crimes is smaller than the deposit deposit (38 million won) of the victim J as the lessee of the date when the building of this case became final and conclusive, and Article 38(1)2, and Article 50 of the same Act (a) of the Act on the Aggravated Punishment of Concurrent Crimes is greater than the deposit (32 million won) of the victim J. Therefore, the criminal intent against the victim J.