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(영문) 의정부지방법원 고양지원 2017.09.15 2017고정421
경매방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant B and D jointly commit the crime is the representative director of E, a corporation established for the purpose of assembly construction business, etc., and D is the representative director of F, a corporation established for the purpose of original mold construction business, etc.

Around September 2013, the Defendant and D conspired to report false lien of KRW 49 million in relation to the case such as a voluntary auction of real estate in progress as the Goyang Branch H and I by the High Government District Court for G land and buildings located in the Republic of Korea, the Defendant and D, the Defendant and D owned by the Defendant, on September 2013.

Accordingly, on September 3, 2013, the Defendant and D submitted a lien report to the effect that, at the above court civil application and office located in the Dong-gu Dong-gu Dong-gu Dong-gu Dong-dong-dong-dong-dong-dong-si around June 15, 2012, the Defendant contracted the construction work of KRW 94.6 million in relation to the above building to F, and did not pay the price at all, thereby exercising the lien in F, a stock company.

However, the facts are that F Co., Ltd. only supplied a window to the defendant, and there was no fact that F Co., Ltd. had occupied the building as well as the fact that it was awarded the contract.

The Defendant and D submitted the false lien report to the above court employees who are aware of such fact, thereby doing so in a fraudulent way, thereby doing so.

2. Defendant B

A. On October 2, 2013, the Defendant submitted a lien report to the effect that, in relation to the case such as voluntary auction of real estate in progress with the above court H and I with respect to the land and building located G at the time of the strike, which is owned by the Defendant, the J Co., Ltd. around November 6, 2008, the Defendant did not contract the said new construction works to E, the representative director, and did not pay all the price for the said construction works, thereby exercising the right of retention.

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