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(영문) 수원지방법원 평택지원 2016.04.29 2016고정85
경매방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 31, 2013, the Defendant: (a) was unable to repay the money borrowed to the Industrial Bank of Korea on the land of Pyeongtaek-si, E, F, and G and each building on each land (hereinafter “the instant real estate”); (b) and (c) the auction procedure was conducted by a voluntary decision to commence an auction on December 31, 2013; (c) despite the absence of the construction cost claim equivalent to KRW 300 million against C, the Defendant was willing to report a false lien on his possession of the instant real estate from January 2014.

On December 22, 2014, the Defendant submitted a lien right report that there was a claim of KRW 336,00,000, such as the electrical construction price, to the five auction systems in Suwon District Court which is located in Pyeongtaek-si, Pyeongtaek-ro 1036, Pyeongtaek-ro, 1036.

Accordingly, the Defendant interfered with the fair auction of the instant real estate by using deceptive means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution (including the C statement);

1. Statement made by the police with regard to C;

1. A report on right of retention;

1. Application of statutes governing certified copies of each real estate registry;

1. Relevant Article 315 of the Criminal Act concerning the facts constituting an offense and Article 315 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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