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(영문) 인천지방법원 2013.10.18 2013고정3350

경매방해

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

On February 9, 2012, Defendant B was unable to repay the secured debt of the right to collateral security established in the name of the Industrial Bank of Korea on each of the lands of the Bank of Korea, and Defendant A started the voluntary auction procedure at the Goyang Branch of the Goyang District Court on April 2012, 2012, Defendant A was unable to exercise the right to collateral on each of the above lands, and Defendant A was able to submit a false document, etc. as if the said construction was done to prevent the auction of the said lands, to report the right based on the right to collateral.

From April 19, 2012, the Defendants conspired to do so, at the Goyang-gu District Court's Goyang-gu District Court's Goyang-gu District Court's Goyang-dong Branch's Office for the auction of the above land, the Defendants followed the work of the defendant A to ensure that there is a claim for construction cost equivalent to KRW 295,00,000, and that there is a legitimate right of retention, thereby doing so by filing a false report of the right and doing so by fraudulent means.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I;

1. Application of the Acts and subordinate statutes to the complaint, lien application, and facility construction contract;

1. Article 315 of the Criminal Act and Articles 315 and 30 of the same Act concerning criminal facts and the choice of fines;

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

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;