logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.07.16 2014고단2436
경매방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 21, 2012, the Defendant obtained a loan of KRW 1.9 billion from the victim's Sung-nam Saemaeul Community Fund, as collateral for the building of Gwangju City C, D, E, F site, and warehouse owned by the Defendant, and did not repay the principal and interest, and applied for an auction of the above real estate from the victim.

On December 20, 2013, the Defendant prepared a false construction contract and a lien report to the effect that the Defendant did not receive KRW 592,200,000 for the construction cost to the Plaintiff even though the Plaintiff was not the creditor of the construction cost of the said real estate in spite of the fact that the Defendant did not receive KRW 592,20,000 for the said real estate at a lower price in the auction procedure of real estate G (combined H) in the above court G (Joint H) in Seongbuk-gu, Sungnam-dong District Court at Sungnam-dong, Sungnam-gu, 2013, and submitted it to

Accordingly, the defendant submitted a false lien report to interfere with the fairness of auction.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of the provisions of the Acts and subordinate statutes to a complaint, a lien report, a construction contract, a quotation, and other statutes;

1. Article 315 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The crime of interference with the auction of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is due to the defect of the nature of the crime in light of the fact that the fairness of auction should be guaranteed free competition by hindering an adequate formation of auction prices, infringing on the judicial functions of the State, infringing on the judicial functions of the State, causing damage to the bona fide creditors, and the fact that

Provided, That the execution of a sentence shall be suspended in consideration of the fact that the defendant has no same power or has withdrawn the report of a lien, and community service shall be ordered.

arrow