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(영문) 수원지방법원 안산지원 2013.03.26 2012고정2402
경매방해
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From March 22, 2010, the Defendant, who runs a construction enterprise under the trade name “D” in Ansan-si, Masan-si C.

4. up to 6.00, the sewage construction and the renovation and repair construction of the housing in the F of Gyeonggi-do, E-owned.

However, the above house was in progress with G's application for a compulsory auction for real estate, H of Suwon District Court.

On August 12, 2011, the Defendant: (a) held that the outstanding amount of the construction work performed until the discontinuance is KRW 28,611,000, which was the first contractual construction cost; and (b) held that the outstanding amount of the construction work was KRW 55,00,000, which was the first contractual construction cost; and (c) held that the principal amount of the outstanding amount of the construction work was KRW 49,000,000 in the said auction court.

Accordingly, the Defendant, around that time, failed to receive the cost of renovation and repair works equivalent to KRW 49,00,000 for the above housing, prepared a false lien report, and filed a lien report with the Suwon District Court's civil execution in excess of KRW 28,61,00,000, which is the actual principal of the construction, as a collateral obligation.

Accordingly, the defendant made a false declaration of lien in the above auction procedure, thereby hindering fair competition in forming an appropriate price, and thereby doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. A certified copy of the register;

1. Recording of J telephone conversations by the President, and listening to K telephone conversations by the President;

1. A report on a lien;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 81, 142, 298);

1. Relevant Article 315 of the Criminal Act and Article 315 of the Criminal Act concerning the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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