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(영문) 대구지방법원 2014.04.03 2013노1338
부동산실권리자명의등기에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant's summary of the grounds for appeal is against the law, the punishment of the court below (two years of imprisonment with prison labor for eight months and suspended execution) against the defendant is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant recognized all of the crimes; (b) there is no criminal punishment exceeding a fine; (c) the Defendant voluntarily submitted a written withdrawal of the declaration of lien in relation to the obstruction of auction; (d) the violation of the Labor Standards Act; and (e) the Defendant paid KRW 15 million to U who is the complainant in relation to the violation of the Guarantee of Workers’ Retirement Benefits Act.

However, the obstruction of auction is an act that interferes with the fair auction business of the court and causes damages to the creditors acting in good faith, and it is necessary to strictly punish the creditors acting in good faith. The crime of obstruction of auction of this case that interferes with auction procedure by falsely reporting the lien equivalent to KRW 154 million, and the nature of the crime of obstruction of auction of this case is not easy, and the defendant is a criminal record subject to a fine due to the violation of the Labor Standards Act.

In full view of the aforementioned circumstances, the Defendant’s age, character and conduct, and other circumstances revealed in the oral proceedings, the lower court appears to have taken into account most favorable circumstances, and there is no change in circumstances that would vary from the lower court’s punishment.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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