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(영문) 창원지방법원 밀양지원 2016.01.28 2015고단347
사기미수등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the Dispute Resolution D and the actual operator of the Dispute Resolution Co., Ltd., and when the auction of the factory site and building owned by the Dispute Resolution Co., Ltd. was commenced, the defendant reported the lien and filed a lawsuit of objection against the third party, with the intention to obstruct the successful bid of the above real estate to the other party.

1. The Defendant, from September 21, 2007 to December 12, 2008, was granted a loan of KRW 3,258,264,668 in total from a new bank in the name of the said D, and the bank, which in turn, has completed the establishment of a collateral security right on 15 real estate, factory machinery, etc. as shown in the attached Table, including real estate located in Gyeong-Gun F, which was owned by the said D for the security of the said loan. On March 20, 2014, the Defendant was unable to receive the principal and interest of the said loan, and the Defendant applied for a voluntary auction on the basis of the said collateral security to the court, and the auction procedure was initiated according to the court’s decision to commence the auction procedure.

On January 10, 2015, the Defendant: (a) prepared a lien report with respect to the real estate re-owned in the attached table Nos. 1 through 6, 8, 9, 10, 13, 14, and 15 (auction property No. 1) of the said auction case at the Defendant’s residence located in G, Sinnam-gun, G, the Defendant: (b) prepared a lien report with respect to the said auction property, the amount of which is KRW 250,000,000,000 for the representative director H and reported amount; and (c) prepared a lien report with respect to the real estate re-registered in the above auction case No. 7, 11, and 12 (auction property No. 2) of the attached table No. 7, 11, and 450,000,000 won; and (d) submitted a lien report with respect to the Changwon District Court of Changwon-gu, around January 22, 2015.

In fact, however, there was no construction work in the Dispute Resolution E.

Accordingly, the Defendant interfered with the fair auction of the above real estate by using a deceptive scheme as above.

2. The Defendant who attempted to commit fraud on February 10, 2015.

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