경매방해
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the representative of C Co., Ltd. established for the purpose of wood contribution.
On March 12, 2015, the Defendant: (E) voluntarily commenced an auction to the Busan District Court for the Kimpo-si, Kimpo-si and two parcels, which are owned by C Co., Ltd.; (G) on the same day, the Defendant had voluntarily commenced an auction to the Incheon District Court for the F apartment 201, Dong 2702, Seo-gu, Incheon District Court; (e) submitted a false lease agreement and a false lien report, etc. to request a distribution.
1. On June 15, 2015, the Defendant filed an application for demand for distribution, accompanied by a lien report stating that “H, on July 17, 2009, damaged machinery and equipment to the same A, and did not receive construction cost of KRW 143 million, and exercises a lien while occupying part of the factory building of this case,” with respect to land of 127 Incheon District Court Branch Branch Office of the Incheon District Court, Kimpo-si, Kimpo-si, the object of presentation of the auction case of E, and two parcels of land.”
However, the construction cost that H did not receive from the defendant is not equivalent to KRW 80 million, and the real estate part of this case was not actually occupied, and there was no fact that H did not exercise the right of retention.
Accordingly, the defendant made a false report on the right of retention in the voluntary auction procedure so that the fair competition in forming an appropriate price may be hindered.
2. On May 29, 2015, the Defendant filed a demand for distribution and report of right with two lease agreements attached to the lessor I, lessee J, lease deposit 50 million won, lease deposit 50 million won between May 2, 2011 and two years from May 2, 201, and the lease agreement with the lessor, lessee K, lease deposit 30 million won, lease term between January 20, 201 and two years from January 201.
However, I has leased the apartment house of this case to J and K respectively.