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(영문) 창원지방법원 통영지원 2017.01.19 2016고단1743

경매방해등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and two months, by imprisonment for a year, for a defendant B, by imprisonment for a year, for a period of six months.

Reasons

Punishment of the crime

1. The Defendants’ joint crime (e.g., obstruction of auction and fraud) committed by the Defendants with the bond company around May 2014 by lending KRW 50 million to Defendant B, and thus was unable to receive reimbursement from the female, Defendant C, E, and C, a false lessee, on the ground of Defendant B’s land and building under the name of the Defendant B (hereinafter “the instant real estate”), made the false lessee prepare a false lease contract, and granted a final date for subsequent auction on the instant real estate, and subsequently, made the lessee receive a false lessee receive a small amount of lease deposit in lieu of payment, and then was recruited with Defendant C, Defendant E, E, and Defendant D to receive a small amount of lease deposit in lieu of payment. The Defendant C, on June 8, 2015, Defendant E, and D, on the same month, prepared a lease contract under the name of Defendant C, Defendant D, Defendant D, and the lessor, Defendant B, and Defendant D’s deposit in the name of Defendant C, Defendant 1, 500,500, and 305,000.

Defendant

A, when the civil execution process of the instant real estate was conducted in the Changwon District Court’s Civil Execution Division B, Defendant E, and Defendant D’s voluntary auction (the above court I) with respect to the instant real estate, Defendant C was not a construction team member with Defendant E and Defendant D, and Defendant D did not think that it was used as an accommodation at the construction site. Defendant D was not a crew member and did not think that it was used as an accommodation at the construction site. Although they did not have resided on the first floor of the instant real estate, Defendant D, along with Defendant A, did not have resided on October 26, 2015; Defendant C was on October 27, 2015; and Defendant E was on October 30, 2015.