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(영문) 인천지방법원 부천지원 2016.07.22 2016고정755

경매방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a construction business operator of a lodging establishment located in Young-si, Seocheon-si, Seocheon-gu, Seoul.

On July 11, 2014, at the request of a new savings bank, a new savings bank for the above land and building, the Defendant received voluntary auction procedures (D) from the Incheon District Court Branch Branch. On the basis of the claim such as the construction cost for the above building, the Defendant received a false lien report at an amount exceeding the actual construction cost, and received a false lien report at an amount exceeding the actual construction cost.

On September 29, 2014, the Defendant submitted a false lien report of KRW 435,00,000 in excess of the actual construction cost exceeding KRW 170,000,000 in relation to the case of voluntary auction of the said D real estate at the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

Accordingly, the defendant has harmed the fairness of auction by means of fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to all certificates to be registered, search for auction cases, and report on right of retention;

1. Relevant Article 315 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;