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(영문) 대전지방법원 2017.12.07 2017고정320
사기미수
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is the owner of the Daejeon Dong-gu and the building on its ground, and the defendant B is the omission of the defendant A's wife.

On February 14, 2013, the Defendants received the confirmation date for the lease of a commercial building on December 24, 2010, the agreement that Defendant B leased the second and third floors among the above buildings to KRW 70,000,000. Upon the commencement of a voluntary auction procedure based on the right to collateral security established on the above site and building, the Defendants submitted the said lease agreement to the Daejeon District Court located in Seo-gu, Daejeon District Court on June 7, 2013, and filed a report on the right and demand for distribution.

However, in fact, Defendant B paid KRW 70 million to Defendant A as stated in the above lease agreement, and did not have used and profited from the second and third floors of the above building. The Defendants reported the false lease deposit in the name of Defendant B to the auction court and reported it to the auction court for the purpose of receiving dividends in preference to other creditors.

The Defendants conspired as such on September 18, 2014, by deceiving the Daejeon District Court, which is the cause of the auction law, and had an auction court prepare a distribution schedule with the dividend of Defendant B as KRW 70 million, thereby obtaining the amount equivalent to the above dividends from the Republic of Korea from the victim. However, on May 21, 2015, the said stock company attempted to obtain the dividend amount from the victim E by filing a lawsuit of objection against the distribution of Defendant B. However, the said company failed to commit an attempted dividend by declaring the said dividend amount as KRW 0 to the Defendant B at the Daejeon District Court.

Summary of Evidence

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement made by the police with regard to F;

1. A transcript of the complaint;

1. The judgment of the Daejeon District Court (2014 Ghana 221576); and

1. Certificates of the registration of a commercial building and a detailed investigation and confirmation thereof, each real estate lease agreement, each report on a right and each demand for distribution, all certificates of registered matters, the current status of consent to the registered matters, each business registration certificate, receipts, and value added taxes;

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