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(영문) 대전지방법원천안지원 2020.11.06 2020고단1861
경매방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is the operator of Daejeon Dong-gu, and around March 2018, the Defendant is a construction business operator who performed construction work such as the installation of a heat exchange system at the E Hospital located in Seoan-si, Seoan-si, and the networkF is the representative of the KG which is the operating entity of the above convalescent hospital.

F On March 20, 2019, the decision of voluntary auction (H) on the building of the above convalescent was made in the Daejeon District Court's astronomical Branch on March 20, 2019, and the auction procedure was in progress, the F requested the Defendant to report the right of retention by withdrawing the construction cost from the building of the above convalescent Hospital, with intent to prevent the sale of the building of the said convalescent hospital, and the Defendant accepted it.

On October 14, 2019, the Defendant: (a) filed a civil petition with the Daejeon District Court for the establishment of the heat exchange unit; (b) the Defendant was merely a failure to receive KRW 53 million out of the construction cost; and (c) completed the construction of the construction of the heat exchange unit; and (d) made a false statement of the construction contract for the installation of the heat system with the non-Gu and F, and submitted a false statement of the construction contract for the construction cost of KRW 85 million, while the Defendant was fully paid the construction cost of KRW 70 million with the construction cost of the heat exchange unit and KRW 85 million with the construction cost of KRW 75 million with the construction cost of the above heat exchange unit and KRW 85 million with the construction cost of the construction cost of the above KRW 75 million with the evidence of the construction contract; and (c) submitted a false statement of lien as if the lien had a lien on the claim for the construction cost of KRW 75 million with the construction cost of KRW 85 million with the aforementioned construction contract document.

In collusion with F, the Defendant reported a false lien in the auction procedure, thereby undermining the fairness of auction.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Full certificate of the matters to be registered, inspection of auction cases, report of lien, contract (facilities), contract (heat exchanger), business registration certificate (C), letter, respectively;

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