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Acquittal of the accused shall be acquitted.
Reasons
1. On April 29, 2009, the Defendant reported a lien of KRW 492,00,000 on D’s real estate (person Bupyeong-gu E’s building) for which the procedure of auction was underway from six auctions located in the Incheon District Court located in the Nam-gu Incheon District Court located in Nam-dong, Incheon, Incheon, by filing an application for correction of the report of right under the lien.
However, the facts are as follows: (a) the Defendant participated in the case of the Seoul High Court 2007Na5115 (Seoul High Court 2007Na5115 (hereinafter “Plaintiff”) filed against the Defendant, and was sentenced by the above court on December 4, 2007 to “the Defendant shall pay the Plaintiff’s succeeding Intervenor KRW 492,00,000,000 to the Plaintiff’s succeeding Intervenor”; (b) the Defendant acquired the claim for the construction cost equivalent to the above amount against Defendant D; and (c) the Defendant was subsequently exchanged with F-owned lending 7 households and the said claim on November 208 due to lack of auction costs, and thus, the Defendant was not the said construction cost obligee at that time.
As such, the Defendant reported the lien with false bonds and obstructed the fair auction.
2. According to the records, on April 25, 2008, the Defendant reported that he had a claim of KRW 492,00,000, which is secured by the lien, in the auction procedure of real estate C in Incheon District Court on April 25, 2008, and thereafter, the Defendant submitted an application for correction in order to correct the factual part of the existing reports in the same procedure on April 29, 2009, and corrected the factual part of the reason for reporting the lien. After which the Defendant was sentenced to a fine of KRW 1,00,000 as a result of obstruction of auction at the Incheon District Court on November 10, 2009, and the judgment became final and conclusive on July 13, 2010, the summary of the criminal facts can be recognized as “the Defendant interfered with the auction process by submitting a report on the right under the name of G corporation operated by the Defendant without any connection with this.”
According to the above facts, the above facts of recognition are examined.