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(영문) 수원지방법원 안양지원 2016.11.15 2015고단760
경매방해등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[2015 Highest 760] During the period in which the Defendants owned the 2nd to 5th above ground (hereinafter “instant building”) from the 7th above ground among the G buildings (the 2nd and the 7th above ground) in the Gu building (the 2nd and the 7th above ground) in the name of the Defendant, and were in charge of the lease business to 86 households of officetels. On September 26, 2012, the Defendants attempted to obtain a defective application for voluntary auction (H; hereinafter “instant auction”) based on the right to collateral security against the instant building on the ground that the Plaintiff Company did not repay its loans, and to reduce bid price on the ground of false right holder, and to gain profits from the money to be distributed to the right holder in the future.

On March 2014, the Defendants sought I, a senior co-ordinant relationship of Defendant A, several times at the end of March, 2014, and offered that “I would give consent to KRW 150 million out of them when I would exercise a false lien as if D had a claim for construction cost at the auction of this case, and when I would have received the amount of a lien after being awarded a successful bid on the main building at the time of reporting the right.”

Accordingly, the Defendants reported the false lien in the name of the I as if the I had a claim for the construction cost of KRW 1.4.7 billion against the Defendant A, which was completed in the Suwon District Court of Ansan-si, which was located in Ansan-si on April 4, 2014.

As a result, the Defendants conspired to report false rights, thereby causing the bid price to be reduced and causing the bid to be inspected at the above auction, thereby harming the fairness of auction.

From November 21, 2012 to January 15, 2015, the Defendants conspired to engage in the auction by a deceptive scheme, such as having five persons, including I, report false rights through a total of five times, and having them participate in the auction by reducing bid price.

[2015 Godan946] Defendant B [criminal power] Defendant B is at the inner branch of Suwon District Court on December 23, 2011.

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