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(영문) 대전지방법원 천안지원 2013.04.26 2013고정55

경매방해

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A around January 18, 2011, the building of this case was owned by the actual owner of the fourth floor of the building on the ground of the Seo-gu, Seocheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Daejeon District Court at the third place of auction for the support of the Daejeon District Court in the Yandong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do. Defendant B was a person who lent to Defendant A the money equivalent to KRW 80 million, and there is no relationship with the building of this case.

On January 18, 201, the Defendants conspired to obstruct auction by reporting false lien to Defendant A and Defendant A, the owner of the building of this case, who lent money to the court of the Daejeon District Court, in March 18, 201, in March 3, 201, filed an application with the court of the Republic of Korea for the fourth floor of the C Ground Building (hereinafter “instant building”).

In fact, the Defendants conspired with each other with respect to D, the nominal owner of the instant building, in spite of the absence of any claim against the Defendants, and had the Defendants receive a false lien report prepared as if there was a claim for reimbursement of KRW 3.5 million guaranteed by the lien because the Defendants failed to receive the costs of electric facilities and elevator facilities management of the said building and the human test costs, thereby doing so in a fraudulent way.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A complaint;

1. The application of Acts and subordinate statutes on lien report;

1. Articles 315 and 30 of the Criminal Act, the choice of a fine for the crime;

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

1. Taking into account the degree of the Defendants’ participation in the sentencing of Article 334(1) of the Criminal Procedure Act, etc.