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(영문) 청주지방법원 2020.10.07 2020고정544

경매방해

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

C, a member of the clan B (hereinafter referred to as the “instant clan”), filed a lawsuit against the instant clan to nullify the resolution of the clan, and was sentenced to winning the judgment, and filed an application for compulsory auction on the amount of the litigation costs determined as the title of execution, with the certified copy of the decision of the litigation costs determined as the title of execution, and filed an application for a compulsory auction on the amount of 219 square meters and 300 square meters of the land for the instant clan in the

The defendant, as the representative of the clan of this case, has been likely to win the award of the said real estate under the name of "Francing" in his representative, who is the representative of the clan of this case.

In addition, even in the case of the above FJ, the Defendant did not obtain the qualification of representative, and instead did not obtain the bid for the said real estate and notified the next highest bidder of the bid price in advance to the above G and G agents through H through the Defendant’s agent, in preparation for the case where the next highest bidder is awarded the bid for the “G” which is the cause of the clan of this case as the next highest bidder.

On December 11, 2019, the Defendant: (a) at the Cheongju District Court No. 121 located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) participated in the tender for the compulsory auction of real estate at the above court; and (c) required the said H to submit a bid list stating “126,30,000 won” at the bid price; (d) said I to lower the bid price than the said price; and (e) stated the bid price at a higher price than the amount calculated by subtracting deposit of KRW 8,719,200 from the said price, as “17,635,00 won”; and (e) submitted a bid list in the name of G.

Accordingly, the defendant, through the collusion, has harmed the fairness of auction by driving the highest competitor.

Summary of Evidence

1. Defendant's legal statement;

1. Data to be submitted by a complainant to the police statement of the K (Article 4 through 27, 32 through 46 of the Evidence List); and

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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