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(영문) 서울중앙지방법원 2018.08.16 2017고단8799
경매방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 18, 2015, the Defendant: (a) subcontracted the construction work under the name of C Co., Ltd. at KRW 950 million from October 1, 2015 to January 30, 2016; (b) the construction work for extension and remodeling of the F building owned by the said foundation (hereinafter “instant construction work”); (c) the construction work was executed under the name of C Co., Ltd. at KRW 650 million from around October 1, 2015 to around 60,000; (d) the said payment was agreed to receive after completion of the construction; (e) around October 6, 2015 to H; (e) around KRW 60,000,000,000 for KRW 16,56,000,000,000 for KRW 7,000,000,000 for KRW 16,56,015,000,000.

As above, the Defendant interfered with the fairness of auction by making a false report on the right of retention in a fraudulent way during the voluntary auction procedure so as to prevent fair competition in forming an appropriate price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness I, J, K, and H;

1. Investigation reports (investigation of subcontractors), investigation reports ( search for auction cases and original support currencies);

1. An application for a lien;

1. Application of Acts and subordinate statutes to a contract for construction works, certification of each content, and written verification;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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