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(영문) 대구지방법원 2019.4.18.선고 2019고단717 판결

경매방해

Cases

2019 Highest 717 Auction Interference

Defendant

Gu○○ (80-1) and officeless

Housing, Daegu, Suwon-gu post office boxes 48-519 (current Daegu school)

Prisoners' number during the confinement of Doctrines: ○○)

reference domicile Gyeong-nam

Prosecutor

The next police officer, the first instance, and the second instance;

Defense Counsel

Attorney Lee Dong-young (Korean)

Imposition of Judgment

April 18, 2019

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal History Office

The Defendant is a substantial operator of 000, Inc., Ltd. located in Young-gu, Young-gun. 1)

On May 20, 2016, the Defendant created a right to collateral security with a maximum amount of KRW 600 million on the site and three-story building located in Chungcheongnam-do, Gyeongbuk-do, Inc., ○○○○○○○○○○ (hereinafter referred to as the “instant real property”).

On February 2, 2017, the Defendant had concerns over the progress of auction by exercising the security right to the instant real estate because it is difficult for the Defendant to repay the loans to the NABCFF, and had the appearance of the lessee with opposing power to prepare a false housing lease contract with regard to the instant real estate along with knives, knives, knives, knives, and so on.

Therefore, the Defendant, at around February 24, 2017, prepared a false lease contract with ○○○○, lessee’s right, 20 million won, lease deposit, term of lease from February 24, 2017 to February 23, 2019, stating that scambling had not leased 301 of the building of the instant real estate as the lease deposit 20 million won from among the building of the instant real estate, and submitted a false report on the right and demand for distribution of the said real estate from the Daegu District Court’s Yeongdeungpo Branch around August 22, 2017 upon receipt of an application for the report on the right and demand for distribution of the said right, and submitted a false report on the right and demand for distribution as stated in the attached Table.

Accordingly, in collusion with Defendant 1's above Madernum, the process of auction was harmed by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. ●● 농업협동조합의 고소장, 강■■에 대한 경찰 진술조서

1. Each police officer's protocol on the examination of clocks, ○○○, clocks, and clocks;

1. Application of each report on rights, an application for demand for distribution, a distribution schedule, and the Acts and subordinate statutes of the source of receipt and certification of lawsuit of demurrer

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 315 and 30 (General Provisions) of the Criminal Act, the choice of imprisonment

1. The grounds for sentencing: Imprisonment with prison labor for one month to two years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Crimes of Interference with Business : [Type 1] General Auction and Bidding Obstruction (Special Contributor] Reduction element: Where actual damage is minor.

Aggravations: Where a person leads or directs a crime;

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from 6 months to 1 years

3. Determination of sentence: Six months of imprisonment; and

○ Unfavorable circumstances: The crime is not likely to be committed because the defendant led the defendant, who mobilized his family and branch members, and forged false appearance for the purpose of raising the company's funds.

Normal circumstances favorable to ○: Withdrawal of demand for distribution, the victim received all dividends through a lawsuit of demurrer against distribution, and the punishment of the defendant has not been imposed.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the records, such as the defendant's age, character and conduct, environment, family relationship, motive, background, means, result, circumstances after the crime, etc., and all the sentencing conditions shown in the trial process.

Judges

Judges Lee Do-in

Note tin

1) The Defendant is a fraud to the Daegu District Court on June 29, 2018, and on July 4, 2018, the same court violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Calculation of False Tax Amount).

For the crime of delivery, etc.) and for the crime of fabrication of private documents in the same court on July 5, 2018, each of them was detained, and two years of imprisonment and fine of 3.2 billion won on December 7, 2018

The appeal is currently pending in the Daegu High Court.