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(영문) 의정부지방법원 2013.04.25 2013고정603

경매방해

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 13, 2012, the Defendant entered into a contract with B to undertake the removal works, waste disposal and repair works with respect to the building cost of 420,000,000,000 won, and completed only the removal works. Therefore, even though the above construction cost cannot be claimed against the entire construction cost of 420,000,00 won, the Defendant decided to report lien on the entire construction cost when the auction procedure was in progress.

On July 4, 2012, the Defendant: (a) filed a lien report with the Defendant in relation to the auction case of voluntary real estate D in the above court on the above real estate at the time of the Government-si district court on July 4, 2012; and (b) filed a lien report with the Defendant; (c) attached one copy of the construction contract stating the construction cost of KRW 420,00,000, and attached one copy of the estimate stating the construction cost of KRW 533,428,791 to the above court’s name

As above, the Defendant interfered with the fair auction of the said real estate auction case by using a deceptive scheme.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 315 of the Criminal Act concerning facts constituting an offense and Article 315 of the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;