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(영문) 창원지방법원 2016.02.16 2015고단2864

경매방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was in office as a director of Co., Ltd. D in Changwon-si, was currently running “E” for the purpose of manufacturing business by working at the same building as the president of the above D’s small president.

On May 28, 2014, the Defendant submitted a lien report at KRW 414,58,792 for the reason that the Defendant did not receive any construction payment, but the Defendant did not cause the said D construction work to the said D, on the ground that the Defendant had not received any construction payment, while the Defendant had submitted a lien report at KRW 414,58,792 on December 11, 201 of the same year, on the five occasions of the auction of real estate in the above D-owned and the above D-owned and the above D-owned and the above D-owned and the real estate auction of KRW 13 units.

Accordingly, the defendant has harmed the fairness of auction by fraudulent means.

Summary of Evidence

1. Partial statement of witness G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. Each report on investigation;

1. Filing an accusation, recording of an auction case, a certified copy of the register of a corporation, a lien report, a recreation report, a construction contract, a business registration certificate, a report on rights, and a request for distribution, a real estate lease contract, a power of attorney for accusation,

1. The application of Acts and subordinate statutes to reply to data requests, details of transactions, list of aggregate invoices of individual tax invoices by seller, list of aggregate invoices of individual tax invoices by customer, list of aggregate invoices by customer, and tax invoices;

1. Relevant Article 315 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, when the police investigation led the Defendant to repeat as a genuine lien holder at the time of the police investigation, and the Defendant revealed that he/she was a false lien by objective data, and he/she reported a false lien in his/her initiative at the prosecution investigation stage.

After confession, the G's request is again made in this Court.