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(영문) 대구지방법원 2017.09.26 2017고단2845
경매방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2016, the defendant was sentenced to a suspended sentence of four-year imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and for embezzlement, and the judgment was finalized on August 18, 2017.

The Defendant is a person who actually runs Co., Ltd. D (formerly named “Co., Ltd. E”) in Daegu Dong-gu, and F is a representative director in the name of the said Co., Ltd.

On December 2, 2012, the Defendant purchased land of 2195 square meters in Daegu-gu, Daegu-gu, and 4 Dong-dong (hereinafter “C real estate”) located in Dong-gu, Daegu-gu, and leased, possessed, and managed C real estate to G in the name of the said joint-stock company E (hereinafter “D”) that the Defendant operated. However, around March 2015, the Defendant sold C real estate to G to KRW 860 million and did not receive KRW 210 million out of the purchase price.

During that period, the Defendant and G agreed to construct two houses of the building C real estate around December 2015, and the said construction was implemented until April 2016, and was suspended due to the death of the said G.

On the other hand, G received a loan of KRW 650 million from Daegu Bank at the time of purchasing C real estate, and appropriated the loan of KRW 650 million for the price. However, since G could not pay the principal and interest of the loan, the creditor Daegu Bank applied for a voluntary auction of C real estate and started the voluntary auction of real estate as H of the Daegu District Court on July 4, 2016.

On September 9, 2016, the Defendant had F, the representative director of the name, report the lien to the public service offices of the Daegu District District Court located in the Daegu Suwon-gu Seoul District Court about the above H real estate auction case. “C, a real estate subject to auction, performed the interior construction on the factory, house, etc. of the Dong-gu, Daegu-gu, the real estate subject to auction, and did not receive construction cost of KRW 240,026,000.

this title shall be reported to that effect.

“To submit a lien report to the effect that it is “”.

However, the facts are.

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