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(영문) 의정부지방법원 2017.01.12 2016고정1548

경매방해

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual operator of the F Co., Ltd. with D Co., Ltd. and the defendant's children, whose father is the representative director, and the E Co., Ltd.

On June 29, 2012, the Defendant purchased from G Co., Ltd. the land, buildings, machinery, etc. of “I gas station” located in Dongducheon-si where the establishment of a right to collateral security has been registered as a creditor from G to the Federation of Fisheries Cooperatives, and that year.

8. 21. On May 9, 2014, a fisheries cooperative completed the registration of transfer of ownership in the name of D Co., Ltd., and on May 9, 2014, a fisheries cooperative voluntarily applied for an auction on the land, etc. of “I gas station” under the aforementioned collateral security right, and on May 20, 2014, a decision to commence a voluntary auction on real estate was made, and the auction procedure began.

In fact, the Defendant directly proceeded with the construction work as to the “I Gas station”, or the F Co., Ltd. did not hold a claim for construction cost against D because it was not entirely involved in the construction work under the name of D, and around August 2013, the said gas station was operated at the time K Co., Ltd. was leased from the Defendant and completed the auction commencement decision, etc., and the F Co., Ltd was not in possession of the said gas station, and the lien was not established. However, on October 29, 2014, the F Co., Ltd. submitted a report on the right of retention to the effect that “F Co., Ltd. has a claim for construction cost and reported it to D Co., Ltd., as it had a claim for construction cost,” and submitted a report on the right of retention to the effect that “The F Co., Ltd. shall have a right of retention on June 30, 2013.”

Accordingly, the defendant has harmed the fairness of auction by fraudulent means.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Each police statement on L, M, N,O, and P. 1.