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(영문) 서울남부지방법원 2020.11.05 2019노2634

경매방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal set up a mortgage based on a false claim, participated in the distribution, thereby undermining the fairness of auction as a deceptive scheme, and submitted a reply and data containing false facts in the lawsuit of demurrer against distribution filed by C to the court and attempted to deceive the court, the judgment of the court below acquitted the Defendants of the facts charged, which erred by misapprehending the legal principles or by misapprehending the legal principles which affected

2. In light of the circumstances stated in its holding, the lower court found the Defendants not guilty of all the charges on the ground that the Defendants’ act alone by the evidence submitted by the prosecutor alone cannot be deemed as affecting price formation, etc. in the auction procedure, and thus, it is insufficient to deem that the Defendants committed an act detrimental to lawful and fair competition methods, and that it is difficult to deem that the Defendants attempted

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor’s assertion, the court below did not err by misapprehending the legal principles, or by

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.