(영문) 부산지방법원 동부지원 2015.03.26 2014고단2030

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2015.03.26 2014고단2030

경매방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 2, 2011, the Defendant issued a real estate lease contract with the lessor C and the lessee as the Defendant for the lease deposit amount of KRW 30 million with respect to the Dtel 204 in Busan-gun, Busan-gun, but did not enter into a lease contract or paid the lease deposit.

On August 5, 2013, the Defendant submitted to the public official in charge the application for a report on the right and a request for distribution (housing lease) with the lease agreement that was falsely prepared in Busan District Court E real estate auction case.

Accordingly, the defendant has harmed the fairness of auction as a deceptive scheme.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by the prosecution (C substituteness);

1. Statement to C by the police;

1. A written application for demand for distribution or a real estate lease contract;

1. Application of Acts and subordinate statutes to request cooperation and reply (part of the auction record);

1. Relevant Article 315 of the Criminal Act concerning facts constituting an offense and Article 315 of the Selection of Punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The defendant and his/her defense counsel's assertion on the claim of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act were made only after the decision on commencing the instant auction in relation to the real estate lease contract submitted by the defendant while filing a report on the right and demanding a distribution was made after the completion period to demand a distribution, and the fixed date was also made after the completion period to demand a distribution. In addition, since the time when the above report on the right and the demand for a distribution was made after one year or more from the completion period to demand a distribution was made, it is obvious that the defendant is not in a position to assert any right in the auction procedure, the submission of the real estate lease contract for the purpose of security by the defendant as a document to report the

참조조문

유사 판례

-수원지방법원 성남지원 2014.12.10 2013고단2148

-부산지방법원 2015.06.04 2015노992

-부산지방법원 동부지원 2014.11.27 2014고정591

-서울서부지방법원 2016.05.04 2015고정1711

-의정부지방법원 고양지원 2017.06.30 2017고정582