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(영문) 광주지방법원 목포지원 2014.08.04 2014고단21
경매방해
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a person who actually runs the F Co., Ltd. located in Yongnam-gun from around 2007 to June 2012, and from around 1995 to around 200, Defendant B is a person who actually runs the F Co., Ltd. located in Yongnam-gun; and Defendant B is a person who operated the restaurant from around 2008 to July 2013 in the F Co., Ltd and E.

1. On March 16, 2011, the Defendants conspired to demand a distribution to the above auction court, even though Defendant B operated the restaurant without paying a security deposit, when Defendant B operated the restaurant at the restaurant operated by Defendant B, which was operated by the said building, at around that time, Defendant B paid a security deposit of deposit of KRW 300 million to Defendant E and operated the restaurant.

Defendant

B around May 19, 201, the Mapo-dong District Court of Gwangju Metropolitan City, which is located in Yongsan-si, submitted an application for the calculation of the claim and demand for distribution of KRW 300 million under the name of the deposit for the restaurant lease.

As a result, the Defendants conspired in collusion to harm the fairness of auction.

2. As the minimum sale price continuously drops by the third day during the auction process for the buildings, etc. described in paragraph (1), Defendant A had the intention to report false lien to the above auction court.

On March 29, 2012, the Defendant reported the right of retention of KRW 3 billion as the secured claim against F corporation F as the obligation for construction price F corporation at the Yanhae-dong Branch of the Gwangju District Court in Yanhae-dong.

However, the above buildings owned by E are completed on April 24, 2008, and F Co., Ltd. directly constructs the above buildings or exercises the lien.

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