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(영문) 수원지방법원 2016.05.12 2015고단5288 (1)

경매방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From around December 2, 2009, the Defendant: (a) concluded a false lease agreement with F, the constructor of the multi-family house located in Yong-si District D, which was constructed by the Defendant, to claim the payment of construction cost; and (b) concluded a false lease agreement on March 2, 2010 for the purpose of preferential repayment as a small lessee in the auction procedure; and (c) on March 2, 2010, the Defendant had not concluded a lease agreement by paying KRW 35 million to C and the above multi-family house No. 302; (b) on March 2, 2010, the Defendant had not concluded the move-in report to the domicile at the above domicile; and (c) received the fixed

On November 12, 2010, when the defendant decided to commence compulsory auction on the above multi-family house, the defendant submitted a report on the right and a request for distribution by attaching a false statement to the original district court located on December 27, 2010 in Suwon-si World Cup 120, Suwon-si, Suwon-si, Suwon-si, accompanied by a false statement to the effect that the defendant leased the above No. 302 to KRW 35 million for a deposit of KRW 35 million.

As a result, the defendant reported a false right of lease on a deposit basis to the auction court, thereby harming the fairness of auction by fraudulent means.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Statement made by the police for E;

1. A report on rights and a request for distribution (at least 56 investigation records);

1. A lease contract with a person on a fixed date, a certified copy of resident registration, a dividend list, a written judgment, or a lease contract;

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

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. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act under the Criminal Procedure Act under Article 334(1) harms the fairness of the auction procedure by filing a report on the right and demanding a distribution by attaching a lease contract prepared by the defendant with a false representation, the criminal liability is not weak. However, the fact that the defendant seriously reflects his/her mistake, the fact that the defendant has no record of being punished for the same kind of crime, and that he/she has no record of being punished for