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(영문) 의정부지방법원 고양지원 2016.11.23 2015고단3689

경매방해

Text

Defendant

A Imprisonment for four months, Defendant B and C shall be punished by imprisonment for six months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

B The actual operator of G Co., Ltd., Defendant A, who was appointed as the representative director of G Co., Ltd. on March 23, 2010, Defendant C is a person who manages 9,156 square meters of I forest land in Gangwon-do, Gangwon-do, in the name of Z (hereinafter “instant forest land”).

On October 7, 2013, the Defendants filed an application for voluntary auction of real estate based on the right to collateral security established by J on the instant forest on October 7, 2013, and filed a false lien report to the effect that the instant forest has a claim for the construction cost, thereby preventing the progress of the said auction. The Defendants conspired to receive construction cost from a person who intends to purchase the instant forest from the said person

Accordingly, the Defendants did not have a claim for the construction cost of KRW 350 million to H with respect to the instant forest land, and the Defendants did not have possession of the instant forest land from August 12, 2013 due to the said claim for the construction cost. From around August 12, 2013, the Defendants concluded a contract for the construction work of KRW 350 million with respect to “A” and “A” and “B” with “A” and the representative director K of G (main) and “B” with “B” as stipulated in the following provisions.

1. The name of the construction work: I comprehensive construction work,

2. Written contract amount: 350,000,000 won per day ( 350,000,000) (Provided, That the penalty tax shall be set aside);

3. The construction contract was falsely prepared on August 9, 2007, stating the construction period as of August 9, 2007, and as of November 30, 2007, stating “the completion of the construction work.” After which, around December 13, 2013, Defendant A exercises the right of retention by occupying the site on August 12, 2013, when it was unable to receive construction cost even after construction cost of KRW 350,000 for the instant forest, the L real estate auction case proceeds with respect to the instant forest in the Chuncheon District Court’s original state branch located in 149 at the time of Gangwon-gu Seoul Special Metropolitan City, Gangwon-do, Seoul Special Metropolitan City as of December 13, 2013.

‘A lien report' has been prepared and submitted.

In this respect.