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(영문) 서울북부지방법원 2016.02.05 2014고합440
경매방해등
Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for ten months.

Of the facts charged in the instant case, Defendant A and Defendant A.

Reasons

Punishment of the crime

[2014 Gohap 440] Defendant A is an auditor of H Co., Ltd. (hereinafter “H”) from December 31, 2007 to December 31, 2007, and Defendant B has served as a director and a representative director of H from June 3, 2008.

H: (a) On September 2, 2009, the voluntary auction procedure was initiated on September 2, 2009 with respect to the 3rd underground floors and the 10th underground floors and the 10th underground floors of the land (hereinafter “the instant hotel”); (b) on October 27, 2009, the compulsory auction procedure was initiated on October 26, 2009 with the Jung-gu Government District Court M.; and (c) on November 26, 2009, the voluntary auction procedure was initiated on November 26, 2009 with N District Court N, the Defendants conspired to report each false lien in the name of O and P.

1. On December 15, 2009, the defendants who interfere with auction due to the submission of the P's name lien report prepared a contract form as if they were awarded a contract with H around May 1, 2007, and the fact that P was a new hotel construction work from May 1, 2007 to August 30, 2008, and only had worked as a site warden at the above construction site. However, on June 25, 2008, the defendants Eul prepared a contract form as if they were awarded a contract from H around May 1, 2007 to verify that P was newly constructed on behalf of the defendant Eul, and submitted a new hotel report form as a security claim of KRW 1,350,000,000,000,000,000,000,000,000,000,000,000,000 won.

2. The defendants who interfere with auction due to the submission of a lien report in the name of O are located in the above Jung-gu District Court around December 16, 2009, and the facts are as follows: C from June 25, 2007 to November 30, 2007, the new hotel construction of the hotel of this case was not performed by C, and C on behalf of C on the above date, even though there was no deficit in the construction of the hotel of this case from November 25, 2007 to November 30, 2007.

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