(영문) 인천지방법원 2013.11.29 2013고단2077

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(영문) 인천지방법원 2013.11.29 2013고단2077

경매방해

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal power] On August 9, 2012, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Incheon District Court on October 10, 201, and the judgment became final and conclusive on December 4, 2012.

【Criminal Facts】

The defendant was living together with C, and D was living together with C from July 2008 to his father, and from around July 2008, D was living together with E in the Jung-gu Incheon District owned by the defendant, and in fact there was no fact that the defendant entered into a lease agreement with C or D or exchanged a lease deposit.

Nevertheless, when the Dogwon Credit Union filed a request for auction of the above house with the Incheon District Court on the ground of the right to collateral security (the maximum amount of 130,000,000 won) established on the above house in order to obtain a loan to the debtor F who is his/her father, and the auction procedure was in progress to the above court G on July 27, 2012, the defendant, in collusion with C and D to prepare a false lease agreement and demand a distribution, stated D as "20,000,000 won in the rental deposit column" and "D in the applicant signature column" and submitted the above documents to the court staff who did not know the above facts, accompanied by a copy of the false lease agreement prepared in advance, and C filed a report on the right and the application for a demand for distribution with the Incheon District Court on July 30, 2012, stating as "50,000,000 won in the rental deposit column" and prepared a fair copy of the above auction contract with the court staff who did not know it in advance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D (part) and C;

1. Examination protocol of suspect C by the prosecution;

1. The police statement of H;

1. Whole certificate, certificate of free lease, search of auction cases, report on each right, and application for demand for distribution;

1. Previous offense:

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