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(영문) 인천지방법원 부천지원 2013.06.13 2012고정1511
경매방해
Text

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

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

Reasons

Punishment of the crime

Defendant

A around October 9, 2009, after being aware of the fact that the decision to commence the auction of real estate for the above 119 was made with the Dacheon-gu E Building 119, the Seoul District Court Branch of the Incheon District Court on May 14, 2005, and upon being aware of the fact that the decision to commence the auction of real estate for the above 119 was made, A entered into a sales contract for commercial business with G, the lessee of the above 119, and operated the restaurant business at that place.

However, the Defendant: (a) did not recover the amount equivalent to the premium that was awarded to G and paid to a third party by the third party; (b) was likely to no longer operate the business; (c) did not delay the auction procedure; or (d) did not decrease the successful bid price; (c) in fact, the Defendant, despite the absence of the inside facilities and interior equipment equivalent to KRW 82 million and interior interior equipment in the name of the said G or a lessee under the said G or the name, requested I, a so-called auction consortium for the first time on November 2009, to the effect that “it is possible to exercise the right to retention for the said 119,” and I knew that there was no inside facilities and interior construction works under the said 119.

On November 23, 2009, the Defendant stated in the form for the report on the right of retention that “H shall claim for the above 119 costs of internal facilities and the interior interior facilities and the interior interior equipment and exercise the right of retention on that ground,” and prepared a false report on the right of retention in the manner of obtaining the above H’s seal affixed thereon from the above G, and submitted the said report on the right of retention to the Incheon District Court, the Busan District Court, the Busan, the Busan, the Busan, the Busan, the Busan, the Busan, the Busan, the District Court, on the same day, submitted the said report on the right of retention in respect of the auction of the above real estate.

After all, the defendant, in collusion with I, interfered with the fairness of the above real estate auction case by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of the witness H, G, and I;

1. Each protocol of examination of the accused and I by the prosecution (including the substitute part);

1.Each prosecution or police with respect to A and I.

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