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(영문) 수원지방법원 2019.06.25 2019고단1071
경매방해
Text

Defendant

A and C shall be punished by imprisonment for one year, and by imprisonment for eight months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of D Co., Ltd. (hereinafter referred to as “D”), Defendant B is the representative director of E Co., Ltd. (hereinafter referred to as “E”), and Defendant C is the defendant C’s punishment.

While the Defendants did not hold claims against the above Eul, while they knew of the commencement of voluntary auction procedure on June 7, 2017 at the request of the Small and Medium Business Corporation, which is a mortgagee, against the factory site and six Dongs of the factory building in the Chungcheong-gun, Chungcheong-gun, Chungcheongnam-gun, the Plaintiff, while having been unable to receive the construction cost from the F (State), prepared a false construction contract form as if they ordered the construction cost of KRW 300,300,000 to D and did not pay the price, and tried to receive dividends from the auction procedure for the above real estate, after occupying the above factory site and the factory building.

Accordingly, around August 2017, Defendant C prepared a false contract for construction works with Defendant A and B, and Defendant A prepared a false contract for construction works with Defendant B at around that time, and around August 22, 2017, Defendant C prepared a false contract for construction works with Defendant B, and Defendant A submitted a lien report to the said court on the ground of the contract for construction works with the Cheongju District Court located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, as above, in relation to the auction of H real estate in the above court-based case of H real estate auction, D has a claim of 300,300,000 won for the lawful construction cost, and submitted it to the said court.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I;

1. Application of Acts and subordinate statutes to search for auction cases, account statements and lien reports, construction contract documents, and waiver of lien;

1. Criminal facts;

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