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(영문) 부산지방법원 2016.09.29 2016고단3094

경매방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who actually operates D Co., Ltd.

On April 1, 2014, the Defendant submitted to the said court a lien report stating that “CY Co., Ltd., Ltd., Ltd., Co., Ltd., Ltd., Ltd., Ltd., Ltd., Dongyangyang, Co., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., and Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., and the reported amount of the right, “Won 2,800,000,000 won for the remainder of the construction price (Won 2,80,000,000)”, at the application office for

However, in fact, the Defendant received a contract for a new construction project for the above land in the amount of KRW 3.85 billion between Dongyang-gu Co., Ltd., and entered into a construction project equivalent to KRW 1,542,221,558 among them, and the amount of KRW 995,00,000 has already been paid, and thus, the amount of the outstanding bonds of the construction project is not equivalent to KRW 547,221,558.

Defendant submitted a false lien report to the above court employee who is unaware of the circumstances, thereby doing so, thereby doing so in a fraudulent way that the said real estate auction case was fair.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Search for auction cases;

1. Application of Acts and subordinate statutes to a copy of tax invoice, copy of appraisal statement, copy of report on right to retention, or copy of contract for each private construction work;

1. Relevant Article 315 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (the fact that there is no record of committing the same kind of crime, and the circumstances leading to the instant crime, etc. shall be considered);

1. The community service order under Article 62-2 of the Criminal Act;