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(영문) 의정부지방법원 2014.09.04 2014고정1416
사기미수
Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

B, from June 1990 to May 201, 201, while serving as executive director in charge of the financing of (State)D in Gangnam-gu Seoul, a person who was in charge of the financing of the said company, and the Defendant A was in charge of the financing of the said company, and the Defendant A was in charge of the electric cable selling company in (State) E in Namyang-si from June 2002.

Defendant

B while taking charge of the financing business of the above (State)D, D was jointly and severally liable for the repayment of the borrowed money from the victim G, but D was due to the default of D around April 201.

Accordingly, the victim filed an application for a compulsory auction of real estate with the Jung-gu District Court J in relation to the I apartment 107 Dong 1202 of the H and three parcels of land, the Namyang-si owned by Defendant B, and on May 30, 2012, the auction procedure on the above apartment was conducted as the decision to commence the auction was made.

On the other hand, when Defendant B was faced with the situation where the ownership of the above apartment would be lost due to the decision to commence the above auction procedure, even though there was no credit and debt relationship between the Defendants, the facts did not raise an objection against the Defendant B on May 1, 2012, by deceiving the auction court by means of deceiving the Defendant A as a false creditor, and in collusion with the Defendant A to acquire property benefits by receiving the dividend, and in collusion with the Gu Government District Court in the Dong Dong Dong-dong on April 18, 2012, Defendant A filed an application for a payment order against the Defendant B, seeking a loan of KRW 250,580,000 with the Gu Government District Court 201j1498 with the Gu Government District Court 2012j1498 with the false loan, and Defendant B failed to receive the original copy of the above payment order on May 1, 2012, which became final and conclusive on May 22, 2012.

After that, in the auction 11th century, Defendant A had the above finalized payment order with respect to Defendant B, as if it actually existed, in August 21, 2012.

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