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(영문) 대구지방법원 2015.06.25 2015고단1968
사기등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendants were living together from around 2007 to May 201 in the original notarial deed, and the Defendants living together in the original notarial deed.

On March 3, 2011, the Defendants were dead on March 3, 2011, with respect to Defendant A’s birth, the Defendants were willing to falsely set the right to collateral security under Defendant B’s name with respect to the Daegu-gu D real estate owned by C.

On March 24, 2011, the Defendants: (a) had a certified judicial scrivener completed the registration of the establishment of a new mortgage at the F Judicial scrivener Office located in the Ganbuk-gun; (b) had a public official in charge of the said registry completed the registration of the establishment of a new mortgage at the Daegu District Court, Daegu District Court, Daegu District Court, which knew of the fact, submit an application for the establishment of a new mortgage to Defendant B; and (c) had the public official in charge of the said registry completed

As a result, the Defendants conspired to make a false report to a public official to enter false facts in the real estate registration register, which is the original copy of a notarial deed, and around that time, the above registry was used by having the above registry keep the register stating false facts.

2. On December 6, 2013, the Defendants were aware of the fact that a compulsory auction was applied by the Ayang Saemaul Bank for real estate D, Daegu-gu, Daegu-gu, which was owned by C, and that KRW 65,369,442 was distributed to Defendant B around August 1, 2014.

On October 10, 2014, Defendants filed an application for the payment of dividends to the name-in-facted employee of the Daegu District Court as if they had legitimate authority to receive the dividends distributed in the future of Defendant B.

However, in fact, since the right to collateral security under the name of the defendant B was established based on false claims, the defendants did not have the right to receive the dividend of the above real estate.

As a result, the Defendants conspired in collusion with the Daegu District Court to deceiving the person who was responsible for the name in charge of the Daegu District Court to receive the dividend amount of KRW 65,369,442 from the victim G and H from the person in charge of the name in question.

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