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(영문) 서울중앙지방법원 2018.02.21 2017고단464

경매방해

Text

Defendant

A Imprisonment with prison labor for one year, and for one year, for Defendant B.

Reasons

Punishment of the crime

Defendant

B is the owner of the land and building located in Seocho-gu Seoul Metropolitan Government (hereinafter “each real estate of this case”), and only the above site is referred to as “the site of this case”, and Defendant A is the person who resides on the first floor of the above building (hereinafter “the building of this case”).

D and E, around March 21, 2012, filed a voluntary auction on each of the instant real estate based on the claim maximum of 2 billion won established in the Seoul Central District Court with the Seoul Central District Court, based on the right to collateral security, and the creditors D, E, the debtor F, and the owner B were subject to voluntary auction on G real estate.

On June 12, 2012, the Defendants conspired to sell the building of this case at the second auction office of the Seoul Central District Court located at the center of Seocho-gu Seoul Central District Court at the center of Seocho-gu Seoul, Seoul Central District Court on June 12, 2012, and the fact that Defendant A, around June 11, 2005, leased the building of this case at KRW 750,000,000,000 from Defendant B, although there was no fact that the building of this case was leased from Defendant B, the Defendants would have caused the fairness of auction by submitting an application for report of false rights and demand for distribution under the name of Defendant A, accompanied by the real estate lease agreement as if

Summary of Evidence

1. The defendants' respective legal statements (the defendant A is on the fourth trial date, the defendant B is on the fourth trial date, and the defendant B is on the fourth trial date and the seventh trial date)

1. The defendants' partial statements concerning the interrogation of suspect in each prosecutor's office concerning the defendants

1. Each legal statement of witness E, H and I in each part;

1. Each postal service protocol against D, K, L, and J;

1. Complaint;

1. Each investigation report (Nos. 34, 35, 39, 40, 46, 48, and 55 once a year);

1. Each certificate of all the registered matters (Nos. 3 and 4 once a year), a summary (No. 5 times a year), a loan certificate and a payment note (No. 6 times a year), a performance note (No. 7 times a year a year), each fact confirmation (No. 8, 54 times a year), a summary (no. 124 times a year);