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(영문) 부산지방법원 동부지원 2014.04.24 2013고단3180
경매방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is the representative of D Co., Ltd. (hereinafter “D”) who is the owner of a kimchi plant located in Hongcheon-gun Hongcheon-gun, Gangwon-do.

On September 23, 2012, the Defendant made a false statement to the victim E in the above plant, stating, “The payment will be settled immediately if the delivery of the drilling is made by calculating it as KRW 1,000 per kg.”

However, in fact, the Defendant had a large amount of liability at the time and had no intention or ability to pay the amount normally even if he was supplied by the victim due to difficulties in managing the company due to the commencement of auction on the company's property.

On September 23, 2012, the Defendant, by deceiving the victim and being supplied with 14,890 km equivalent to the market value of KRW 14,890,00 at the above factory around September 23, 2012, and thereafter, was supplied with 59,290 km worth KRW 5,929,00 in total over four times until September 26, 2012, as shown in the list of crimes in the attached Table.

2. D, who received a loan of KRW 7 billion from the Bank, failed to repay it. On September 11, 2012, the Bank applied for an auction on D-owned real estate in Busan Southern-gu, Busan-gu, and the auction procedure was in progress with the Busan District Court Dong Branch G branch of the Dong branch of the Busan District Court.

In order to interfere with the above auction procedure, even though D did not enter into a contract with the Design D Co., Ltd. for the above auction real estate, D was a contractor and the Design D Co., Ltd., and entered into a contract for construction work as the contractor and the Design D Co., Ltd entered into a false contract for private construction work, and was willing to report false lien in an auction court.

Accordingly, the defendant had a metart law firm prepare a false standard contract and a lien report, and the Busan District Court located in May 31, 2013 in Busan, Daegu, Busan, Busan, Daegu, and 1133.

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