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(영문) 서울중앙지방법원 2014.06.27 2014고정1954

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 conspired with B to apply for voluntary auction (U.S.C. 2714 (D building) on the grounds of the execution of collateral security by the Korea Exchange Bank on the grounds of the execution of the right to collateral security (U.S.C. 2714 (D building) in Seongbuk-gu, Sungnam-si, Sungnam-si, where the Defendant leased his child, and the fact did not have any right to claim for the payment on the said real estate, and there was no right to claim for payment on the said real estate.

On November 7, 2013, the Defendant, in collusion with B, prepared a false lien report stating that “B installed equipment related to mail order at the small room of the real estate at which the object of auction was the object of auction, and occupied the object of auction because it was not paid to F by the owner of the said real estate,” and sent it to the Suwon District Court in Sungnam-gu, Sungnam-si, Sungnam-si, 451 (shortdong) by mail, and received the above lien report at the five auction in Sungnam-nam, the next day.

Accordingly, the Defendant conspired with B to interfere with the auction business by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes for the auction of real estate, written appraisal, report on the current status of real estate, fixed bidding protocol, lien report, and search of auction cases;

1. Relevant Article 315 of the Criminal Act and Articles 315 and 30 of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) 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;