logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 영월지원 2017.11.28 2017고단72
경매방해
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal record] On August 18, 2016, Defendant A was sentenced to a suspended sentence of six months by imprisonment with prison labor at the Chuncheon District Court for fraud, and the said judgment became final and conclusive on November 10, 2016.

[2] On March 11, 2014, the Defendants: (a) upon a creditor’s request for auction, decided to commence compulsory auction on the share of 89/2673 of the G land in Gangseo-gu, Seoul Special Metropolitan City and the above land-building owned by Defendant A; and (b) decided to delay the above auction procedure; (c) around September 17, 2014, Defendant B submitted a false lien report with the amount of KRW 710,000,000,000 for the construction price claim for the above land and building under the name of the Dispute Resolution Co., Ltd., which is substantially operated by Defendant B, as collateral claim.

In collusion with the Defendants, even though there was no civil engineering works and a single-family container construction work with respect to the land and buildings in this case, the Defendants, at the H H H H office located in Nam-gu Incheon Metropolitan City, 1,202 (Tandong-dong-dong-dong-dong-dong-gu), shall prepare a “right to retention” and “construction contract” with the content that the LUH shall have a claim for construction cost of KRW 710,000,000,000 related to the above construction project and that the LUH shall hold a lien, and the Defendant submitted it by registered mail to the said court on September 18, 2014.

As a result, the Defendants conspired to commit fraud to the fairness of auction.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Complaints, decisions on monthly support of Chuncheon District Court Decision, certified copy of corporate registry (H), reports on rights to retention, Incheon District Court Decision (Lawsuits for confirmation of the absence of rights to retention)

1. A report on investigation (Attachment of data submitted by a complainant), a certified copy of the register (G of the Gangwon-gu Seoul Special Metropolitan City);

1. Search for auction cases;

1. Investigation report (the construction was carried out at the site of this case);

K and monetary content

1. Previous convictions indicated in the judgment: Investigation report (a suspect A's main building and building after the end of Article 37 of the Criminal Code and the victim's main building and building);

arrow