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(영문) 서울북부지방법원 2013.04.10 2013고정465
경매방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant did not have the lien holder for the above building on the ground that he did not request the Design City or Design Do Co., Ltd. to construct interior works or paid the construction cost as to D 103 401 Dong-gu Seoul, Dobong-gu, Seoul, which was leased by C Co., Ltd. as its representative director.

Nevertheless, around September 24, 2012, the Defendant filed a false lien report with the Seoul Northern District Court E., Seoul Northern District Court on the above building (Korea Deposit Insurance Corporation of mutual savings banks prior to the bankruptcy creditors, Korea Deposit Insurance Corporation of mutual savings banks prior to the bankruptcy creditors, debtor and owner company), and submitted one copy of a written estimate with false content as attached material to the effect that “The lien C Co., Ltd. requests construction of a door mold and partitions to the design city corporation, which is an indoor funeral company, and pays KRW 38,526,00 to the design city or construction cost, and has the right to demand reimbursement for the construction cost to the Hyundai Green Town Co., Ltd., Ltd., which has been in possession of the above building until now.”

Accordingly, the defendant interfered with the fairness of auction conducted on the above building by using deceptive means.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the title registration statement, estimate, and date bid list (19 pages of investigation records) under the lien;

1. Article 315 of the Criminal Act applicable to the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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