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(영문) 수원지방법원 안산지원 2018.02.28 2017고단3017
경매방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was a person who actually runs the “F” futures business on the fifth to seventh floor of the building A of Ansan-si and operated the said trading business by lending the name of the Defendant’s living together in around 2009. From February 2013, the Defendant purchased the above five to seven floors of the building E in the name of H, Defendant I, Defendant I, and Defendant’s living together with the Defendant, and then actually lent the name of H, I, and J to intermediate the Defendant.

The Defendant, with knowledge of the fact that voluntary auction is being carried out by the Suwon District Court's Ansan Branch K, L, M (Joint) with respect to the 5th, 6, 7th and 7th aggregate buildings in Ansan-si E-gu, Ansan-si, in order to receive money, he was entrusted by the (ju) Abscambs and H to submit a false lien report.

Accordingly, on April 8, 2016, the Defendant entered into a contract with N and paid construction cost on behalf of H and I after completion of the construction, and it has been occupied by the lien until now.

“The lien report (L, M) and “H” entered into a contract with (L, M) and “H,” and made payment on behalf of J after completion of the construction, but it was not paid, and have been occupied until now.

“The lien report (K) was submitted to the effect that “........”

However, the above construction cost was not paid on behalf of H, I, and J, but was paid by the Defendant as a debt to be borne by the Defendant in the course of operating the P, and there was no claim for the construction cost that the P, I, and H did not have to receive from P, H, and H did not have any claim for the construction cost that the P, A, and H had to receive until the decision to commence the auction was made. There was no fact that the P, S, S, S, and H had possession of the above real property as the lien.

Accordingly, the defendant interfered with the fairness of auction by fraudulent means.

Summary of Evidence

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