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(영문) 대구지방법원 2014.01.16 2013고단1974
사기
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. On July 5, 201, Defendant A was sentenced to a suspended sentence of six months for an injury at the Daegu District Court, and the judgment became final and conclusive on April 26, 2012.

Defendant

A, around June 20, 2006, a civil suit was filed against D to refund a deposit of KRW 100 million from D, and in collusion with Defendant B, an elementary school, for the purpose of evading compulsory execution, he prepared a false loan certificate with the intent of Defendant B, even though he did not borrow money from Defendant B, and then acquired the dividend by applying for a voluntary auction after setting the right to collateral security.

On July 7, 2006, the Defendants registered the establishment of a right to collateral security with the debtor, mortgagee B, and maximum debt amount of KRW 10,000,000 on three-story buildings owned by the defendant, at the Daegu District Court of Doldong-gun of Doldong-gu, Doldong-gu, Doldong-gu, Doldong-gu.

In addition, on February 19, 2009, Defendant B filed an application for the commencement of voluntary auction on the said real estate with civil execution department of the Daegu District Court in the Daegu Suwon-dong, Daegu-gu, Daegu-gu, and received a voluntary decision to commence auction on February 19, 2009 from the said court.

(F) After that, Defendant B was awarded dividends of KRW 63,467,586 in the distribution procedure of the above real estate at the Daegu District Court on March 4, 2010.

Accordingly, the Defendants conspired to submit a loan certificate containing false claims to the court and, based on this, deceiving the court by establishing a collateral security right, thereby causing property damage of KRW 68,67,30 in total by preventing the Defendant from receiving dividends of KRW 64,502,270, KRW 3746,960, KRW 428,100, and KRW 68,67,330 in Ulsan-gu, Ulsan-gu, Ulsan Metropolitan City from receiving dividends of KRW 428,10. Defendant B obtained property profit of KRW 63,467,586, and vice governor of the National Health Insurance Corporation, KRW 5,029,747 in property profit of KRW 5,747.

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