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(영문) 인천지방법원 2015.07.16 2014고단6869
경매방해
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant was sentenced to imprisonment for one year and six months at the Incheon District Court for indecent acts by compulsion, etc., and the judgment was finalized on August 28, 2014.

The Defendant is a manager of “E” in Incheon Jung-gu and the actual owner of the above hotel building. F is the Defendant’s leakage and the owner of the above hotel building, and G is the Defendant’s wife.

The Defendant, while operating the said hotel on June 25, 2012, was voluntarily decided to commence the auction procedure of real estate rent as of June 25, 2012, and the auction case of real estate rent was proceeding H., the Defendant asserted the false lease contract and delayed the auction procedure, and was willing to recover the expenses put into the said hotel if sold to another person.

1. On September 10, 2012, the Defendant submitted a false lease contract, a false report on a right, and an application for demand for distribution, etc., as if he/she leased the said hotel building from July 7, 201 to a 6nd auction of the Incheon District Court, through wife G, as an employee who is not aware of his/her name, as the Defendant had determined the said building as KRW 1.54 billion from July 7, 201.

Accordingly, the defendant has harmed the fairness of the above auction by fraudulent means.

2. Following the Defendant: (a) around November 21, 2013, through wife G, the Defendant submitted a lien report to an employee whose name cannot be known, stating that the Defendant, a lessee of the said hotel building, holds a lien by performing construction works of the amount of KRW 313,120,000 in the said hotel building and also holds a lease deposit claim.

Accordingly, the defendant has harmed the fairness of the above auction by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant (as of the fourth trial date);

1. Each legal statement of witness I, J and K, witness F and G respectively;

1. A protocol of partial police interrogation of the accused;

1. A report on lien, a report on rights, and a written application for demand for distribution (including attached documents, such as a lease contract);

1. The Incheon District Court's decision and judgment, related to the law; and

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