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(영문) 서울남부지방법원 2013.12.11 2013고정2444

경매방해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the representative director of “C”. On November 3, 2010, the Defendant entered into a contract for D’s construction cost of KRW 643 million with “D” and for construction cost of KRW 643 million in Seo-gu Incheon, Seo-gu, Incheon, and for construction of multi-household housing on May 201, 201, and completed the contract, but the Defendant was paid KRW 209,370,000 among the total construction cost, the remainder of KRW 289,302,00, and the additional construction cost of KRW 25,503,500, including KRW 25,500.

On the other hand, on May 31, 201, E applied for the loan of the said loan to the Gwangju Cultural Credit Union, 12 households (201-204, 301-304, 401-404), respectively, set up a collateral security amount of KRW 143 million for each maximum debt amount, and borrowed a total of KRW 1.1 billion from the victim. However, on May 29, 2012, the Gwangju Cultural Credit Union applied for a voluntary auction based on the said collateral security. < Amended by Act No. 11475, May 29, 2012>

Since October 2012, the Defendant became aware of the fact that the auction was in progress, as seen above, the Defendant applied for a false lien on the remaining households except for 204 units of the above multi-household housing, thereby impairing the fairness of auction by fraudulent means, despite the fact that he had not exercised a lien based on the claim for the construction cost, on November 5, 2012, in the Incheon District Court auction system located in Nam-gu Incheon Metropolitan City, Seoul, Seoul, 202, 203, 401, and 201, 301, 304, 304, and 404, which had been currently being successful, and had been holding seven households, including the above 201, 301, 301, 304, and 404.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 315 of the Criminal Act concerning facts constituting an offense and Article 315 of the Selection of Punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;