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(영문) 전주지방법원 2018.05.11 2018고단181
경매방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who was the representative director of the limited company D in Kim Jong-si.

On April 11, 2016, the Defendant applied for auction on the above D’s factory building and site based on the right to collateral security (the maximum amount of 360,000,000) with respect to the above D’s factory building and site, and at around that time, at the Jeonju District Court rendered a decision to commence a voluntary auction, filed a false report on the sale price of the instant real estate in the name of The Defendant brought down auction or received false lien amount in the relevant auction procedure.

Accordingly, on July 13, 2016, the Defendant: (a) at the auction office of the Jeonjin-gu Seoul Special Metropolitan City District Court 25 in Jeonjin-gu, Seoul Special Metropolitan City on July 13, 2016, in order to report the right to retention of the F real estate to the freezing warehouse as to the foregoing factory; (b) “148,892,291 won (construction cost)”; and (c) “The person who reported the right to retention operating G, while residing in the above real estate for the purpose of auction from August 2013 to October 30 of the same year, the debtor and the owner of the said real estate (hereinafter: 120,510,90 won); and (d) the construction amount of the F real estate unit (28,381,391 won).

It has been continuously occupied from December 30, 2015 to the present, but it has not received the payment for the construction work.

“A false lien report was made and submitted to an employee of a court who was unaware of the fact that he had no knowledge of the fact, but there was no fact that E had undertaken construction work equivalent to the above construction cost on the ground that the said freezing and New Construction Corporation was in progress about 90% of H.

Accordingly, the defendant has harmed the fairness of auction through fraudulent means in the above voluntary auction procedure.

Summary of Evidence

Defendant’s legal statement I, police statement report(the report on the right of retention, the report on the right of retention and the application for demand for distribution) with H, a description of goods sold by investigation report(a certified copy of D building registry) and information on auction.

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