beta
(영문) 춘천지방법원 영월지원 2016.07.05 2016고단48

경매방해등

Text

Defendants shall be punished by imprisonment for eight months.

However, with respect to Defendant A, the same shall apply for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2013, Defendant B was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court of Seoul, and the above judgment was finalized on February 27, 2014. On February 13, 2015, Defendant B was sentenced to one year and six months of imprisonment for a crime of breach of trust, etc., and the above judgment became final and conclusive on July 24, 2015.

Criminal facts

Defendant

B is a person who actually operates D(Representative E) corporation.

Defendant

A, upon the commencement of an auction on F land around January 201 (the case of voluntary auction on real estate G with case number Chuncheon District Court Youngcheon District Court Youngcheon Branch G real estate G) and D, in order to purchase F land again, there was no construction work on F land by D, but Defendant B and D, in the absence of any construction work on F land, planned to make a false contract and submit it to the court as if Defendant B and D were engaged in construction work on F land and report on false lien.

Defendant

B around December 10, 2013, at the residence of Defendant A located in Seogwon-gun H, Gangwon-gu, Gangwon-gu, the Plaintiff: (a) signed a contract on April 20, 2010 with the effect that D, a corporation, intended Defendant A to pay KRW 998,514,00,00 for access road packing and site construction works; (b) on December 12, 2013, at the Ycheon District Court’s 1,550,514,000 won (the purport that D, a corporation, was 723,000,000,000 won for access road packing and site construction works on the F land; and (c) reported the lien to the effect that D had not received construction expenses on the existing land).

However, Defendant B or D did not perform the same construction as the contents of the lien report on the land in this case.

Ultimately, the Defendants conspired with each other by means of a deceptive scheme.