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(영문) 서울남부지방법원 2016.08.11 2016고단177

경매방해

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The defendant shall be punished by a fine of KRW 7 million for the crime No. 2 of the judgment of the court with respect to the crime No. 1 of the judgment of the court.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant was sentenced to a suspended sentence of 4 years and 6 months of imprisonment with prison labor at the Seoul High Court and 2 years of suspended sentence on October 5, 2013, and the judgment became final and conclusive on October 5, 2013.

The Defendant, from October 19, 2009, is serving as the representative director of D Co., Ltd. from around October 19, 2009. From around February 20, 2009, the Defendant is serving as the inside director of E Co., Ltd. and actually operates the said companies.

On December 13, 2011, Guro-gu Seoul Metropolitan Government and three lots of ground G buildings owned by Eul, the compulsory auction procedure was initiated with the Seoul Southern District Court H, Seoul Southern District Court H on December 13, 201, and the Korean bank voluntarily filed a motion for auction to the same court I on June 21, 2012, which started the voluntary auction procedure and joined the said compulsory auction case.

On the other hand, J, the defendant, purchased the above building in the above auction procedure on August 5, 2014 and acquired its ownership.

1. When the auction procedure on the above building was conducted, the Defendant had the intention to report a false lien, and on February 14, 2012, in the civil application filed by the Seoul Southern District Court located in Yangcheon-gu Seoul, Seoul, Seoul, Seoul, and on February 14, 2012, in relation to the compulsory auction of the above H real estate, there was KRW 731,50,000, the construction cost claim even though the construction cost claim did not exist and did not occupy the above building.

Seeking the reported amount of KRW 731,50,000, false lien report was submitted to the above court for the fairness of auction by fraudulent means.

2. In mind that the Defendant continued to report false lien, and around April 4, 2014, at the civil application filed by the Seoul Southern District Court in Yangcheon-gu Seoul, Seoul, Seoul, for the said H real estate auction case, there was KRW 1,500,000,00 of the construction cost claim even though the Defendant and K did not possess the said building’s construction cost claim and did not occupy the said building.

Seeking the reported amount of KRW 1,500,000,000, false lien report was submitted to the above court for the fairness of auction by fraudulent means.

Summary of Evidence

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