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(영문) 창원지방법원 밀양지원 2015.12.10 2015고단252
경매방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In order to secure the debtor's claim against C, the victim's second securitization company specialized in the victim's second securitization is the creditor who applied for voluntary auction to D, E, F, G land and buildings (hereinafter "the real estate of this case") in Changwon District Court D, E, F, G land and buildings (hereinafter "the real estate of this case"), and the defendant is the wife of the above C.

From April 1, 2009 to October 2, 2009, the Defendant performed construction works for groundwater facilities, ground tent construction works, and ordinary product storage works necessary for the instant real estate from April 1, 2009 to October 2, 2009, even if the Defendant did not have any claim against the said C, and received a false lien report from the public official in charge of official in charge, which was prepared as if the claim exists because the Defendant did not receive KRW 450 million for the construction cost from C, and thereby caused the fairness of auction by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement to I, J, C, and K;

1. Application of Acts and subordinate statutes, such as a complaint, a certified real estate register, a search for an auction case, a report on right to retention, a written statement of contract, a tax invoice (a false lien report, such as a statement of criminal facts, which misleads a person who intends to participate in an auction to misunderstand that the secured claim stated in the report exists, constitutes a fraudulent means of interference with auction, and the intent of the

1. Article 315 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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