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(영문) 광주지방법원 목포지원 2019.06.21 2018고정283
사기미수
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around September 6, 2017, the Defendant: (a) formulated a lease agreement in the C coffee shop operated by the Defendant located in Yong-Gun, Yong-Gun, Yong-gun, Yong-Gun, stating that “The location of real estate: D; deposit: KRW 70,000,000 in Jeon-nam-Gun; and (b) E: E limited liability company, lessee: the lease period: F: from January 23, 2017 to 36 months; and the date of preparation: January 15, 2017; (c) obtained a fixed date on September 6, 2017; and (d) completed the lease agreement on September 6, 2017, stating that “The lease agreement was made on the first floor, deposit: 50,000,000 won: the lessor: E: F; F; F; F; the lease agreement was made on April 30, 2017; and (d) made on March 13, 2017.”

Nevertheless, around November 14, 2017, the Defendant: (a) prepared and submitted a report on the right to lease deposit and a written application for demand for distribution with the deposit amount of KRW 50 million in the above building D in the G real estate auction case of the G real estate rental of the building located in the Yananan-gun, Chungcheongnam-gun in the Yan-gun branch of the Gwangju District Court around November 14, 2017; and (b) attempted to deceiving the court by submitting two copies of the lease contract prepared by falsity; and (c) obtained dividends as a small lessee who has the right of priority repayment and obtained dividends, but failed to receive actual dividends.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution concerning F concerning the examination of suspect (including the cross-examination);

1. The police statement of H;

1. Application of Acts and subordinate statutes to file a complaint, registration of juristic person, registration of building, copy of each real estate lease contract, report on rights and a request for distribution, and search of auction cases;

1. Relevant provisions of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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