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(영문) 광주지방법원 순천지원 2016.08.05 2016고단749
사기미수등
Text

Defendant

A Imprisonment for eight months, each of the defendants B and C shall be punished by a fine of six million won.

Defendant

B and C shall be subject to the above fine.

Reasons

Punishment of the crime

Defendant

A around Apr. 20, 201, around September 20, 201, entered into a sales contract with the victim E and the Defendant on cement brick dub roof 80.5 square meters and land 169 square meters (hereinafter “the instant real estate”), but the purchase and sale contract was revoked. The victim filed against the Defendant A a lawsuit claiming the return of the purchase price (24924 group 201 group 24) with the Gwangju District Court for filing a claim for the return of the purchase price with the Defendant, and attached the instant real estate on Sept. 16, 201, and the decision was commenced on Nov. 15, 2012 by filing an application for auction on the instant real estate on Nov. 29, 2012.

Defendant

A, in collusion with Defendant B and Defendant C for the purpose of evading compulsory execution to receive a demand for the return of the purchase price from the injured party as above, the intent was to make a provisional seizure of the real estate in the name of Defendant B and Defendant C by pretending that Defendant A bears a false obligation, and to receive the dividend.

1. Joint crimes committed by Defendant A and Defendant B

A. On November 15, 2012, Defendant A, who was exempted from compulsory execution, filed an application for compulsory auction on the basis of provisional seizure on the real estate in the Gwangju District Court’s Macheon Branch, with the aim of escaping from the compulsory auction. Defendant A prepared a false loan certificate as if the Defendant B borrowed KRW 15 million from the Defendant on October 20, 2010 according to the said public offering at a place on which the police officer was not assigned in the middle of November 2012.

Defendant

B around December 3, 2012, on the ground of the false loan certificate, etc., B filed for a provisional attachment registration on the real estate “2,800,000 won in claim, and Defendant B” on the ground of the aforementioned false loan certificate.

As a result, the Defendants conspired to bear false liability for the purpose of avoiding compulsory execution.

B. The Defendants who attempted to commit fraud are false loan certificates, such as the above 1-A, in the Gwangju District Court’s Mancheon Branch, which was located in the 21st king-si around December 12, 2012.

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