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(영문) 대구지방법원 서부지원 2014.04.03 2013고단1517

경매방해

Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

1. Defendant B’s sole criminal conduct

A. The Defendant, the creditor of North-gu Saemaeul Community Fund, filed an application for an auction against the 108-dong, Daegu-gu E apartment 108-dong 803, which was owned by the Defendant, and the auction procedure was in progress to the Daegu District Court F. The Defendant was willing to receive the amount equivalent to the deposit for false lease by filing an application for a report on rights and a demand for distribution

On March 20, 2009, the Defendant submitted to the competent public official a false statement of rights and a request for distribution stating that G has a right equivalent to the above amount as a lessee of the said real estate by paying a lease deposit of KRW 20 million, even though G is not a lessee of the said real estate, G paid a lease deposit of KRW 20 million to G, which was not a lessee of the said real estate.

Accordingly, the defendant, in the real estate auction procedure, applied for a false report on the right and a demand for distribution, thereby harming the fairness of auction by fraudulent means.

B. The Defendant: (a) received a successful bid on behalf of the partner A for the real estate mentioned in the above paragraph (a) and completed the registration of ownership transfer by requesting that the said real estate be awarded a successful bid on behalf of the partner A; (b) but (c) the North-gu Saemaul Savings Depository applied for an auction on the said real estate and proceeds from the voluntary auction process to H of the Daegu District Court; (d) in addition, the Defendant was willing to receive the amount equivalent to the false lease deposit

On May 14, 2010, the Defendant submitted to the public official in charge a false statement of rights and a request for distribution stating that I has a right equivalent to the above amount as a lessee of the above real estate by paying the lease deposit amount of KRW 50 million to the owner A under the name of the Defendant’s wife, even though the Defendant’s wife was not the lessee of the above real estate.

This is the defendant's real estate.