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(영문) 인천지방법원 2014.01.22 2013고단7659
경매방해
Text

Defendant

A and B shall be punished by imprisonment for four months.

However, for one year from the date this judgment becomes final and conclusive with respect to Defendant A and B.

Reasons

Punishment of the crime

Defendant

A around August 14, 2008, after receiving a loan of KRW 63 million from the Han-gu Saemaul Bank of Korea, offered it as security, but it is anticipated that the auction procedure for the above security will proceed as to the above security because it was impossible to repay the loan, and as a result, it was anticipated that A would proceed with the auction procedure for the above security. A as lessee, Defendant A was a lessee, Defendant A was a lessor, setting the lease deposit amount of KRW 16 million as the lease deposit, and conspired with the Defendant B, who was the former wife, to prepare a false lease contract and report D in the auction procedure to be conducted later, as the lessee was a lessee.

Accordingly, around September 23, 2011, at the office of the F Licensed Real Estate Agent in Bupyeong-gu Incheon Metropolitan City, the Defendants prepared a false lease agreement as if Defendant B entered into a lease agreement on behalf of Defendant A on behalf of Defendant D, and on March 23, 2012, at the auction procedure for the above CB loan No. 201, following the progress of the auction procedure for the above CB loan No. 201 due to the G Real Estate Auction case in the Incheon District Court

5. From the civil execution department of the Incheon District Court around 23.2, it prepared a report on the right and a request for distribution with respect to the above voluntary auction case, and submitted a false lease contract to the staff in charge of the name in charge.

As a result, the Defendants conspired in collusion to harm the fairness of auction.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a copy of the report on the rights and the application for demand for distribution, copy of lease contract, and dividend schedule;

1. Relevant Articles 315 and 30 of the Criminal Act and the Defendants who choose a penalty for the crime: Articles 315 and 30 of the Criminal Act;

1. Defendants subject to suspended execution: Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Do1488,

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