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Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 2,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A served as the representative director of E from October 6, 2008 to April 13, 2012, at present, is a person who manages “H pension” containing land, building, and land G (hereinafter “instant real estate”) in Gangseo-gu, Gangwon-do, Gangwon-do, Gangwon-do, and Defendant B is a person who invested money in Defendant A.
The Defendants, on May 30, 2013 by the mortgagee, etc. of the instant real estate, committed a voluntary decision to commence an auction (I) with respect to the instant real estate at the Youngcheon District Court’s Young-gu branch on May 30, 2013, with the intent to interfere with the auction procedure by asserting false lien.
1. The Defendants’ joint crime Defendant A suggested Defendant B to prepare a false lien report in the name of Defendant B with intent to obstruct the auction procedure as above, and Defendant B consented thereto. Defendant A prepared a false lien report as if Defendant B leased the instant real estate on June 2013 by using Defendant B’s seal, and submitted a false lien report in the name of Defendant B with respect to the above auction procedure to the Chuncheon High Court’s Youngcheon District Court’s branch around June 13, 2013, and submitted an application for a right report and demand for distribution to the said court around April 1, 2014, and submitted a written statement to the said court again around August 25, 2015.
As a result, the Defendants conspired to create a reasonable price by fraudulent means, thereby hindering fair competition, thereby doing so.
2. On June 2013, Defendant A prepared a false lien report under the name of Defendant and a false lien report under the name of J, as Defendant A and Nonparty J around 2013, with respect to the above auction procedure to the Youngcheon District Court Young-gu branch around June 13, 2013, and submitted each of the above lien reports to the above court around August 25, 2015.