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(영문) 서울서부지방법원 2015.10.15 2015고정376
경매방해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On August 12, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud at the Seoul Central District Court on August 2, 2014, and the judgment became final and conclusive on August 20, 2014.

The Defendant: (a) on August 5, 201, when an auction was commenced on the said real estate on August 5, 201 upon the H’s request by the Defendant who acquired the credit from G by acquiring the credit from the said G as collateral, and the auction procedure was conducted on September 2, 2011; (b) on September 2, 2011, to a public official in charge of the auction division of the Seoul Western District Court located in Mapo-gu Seoul Metropolitan Government (Seoul Western District Court I), the fact that the public official in charge of the auction division of the Seoul Western District Court did not perform housing construction works worth KRW 270,000,000 for the construction cost and did not complete the construction; (c) even if the construction cost was not paid, the Defendant interfered with the fair auction of the said real estate by means of fraudulent means by submitting a false lien report to the effect that “Although the construction work was completed by receiving the full payment from the owner of the land

The Defendant, “2015 high-level 1246,” was a person who has exercised the right of retention on the grounds of the failure to pay the construction cost for the F Housing in Eunpyeong-gu Seoul and possessed the said housing, and the said housing was discharged from the possession of the Defendant on January 5, 2015 by the enforcement officer of the Seoul Western District Court by the enforcement officer of the Seoul Western District Court, with the title of title No. 2013Ka4637, the said housing was handed over to the creditor K’

그럼에도 불구하고, 피고인은 2015. 1. 중순경 위 주택 1층 현관문을 통하여 안으로 들어가 위 주택에 침힙하고, 현관문 출입 비밀번호를 임의로 변경하여 강제집행으로 채권자에게 인도된 이 사건 주택에 침입하고, 강제집행의 효용을 해하였다.

Summary of Evidence

"2015, 376"

1. Defendant's legal statement;

1. The police statement of M;

1. A report on a lien;

1. A previous conviction in judgment:

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