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(영문) 수원지방법원 안양지원 2016.07.01 2016고정62
경매방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 300,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

A future credit cooperative applied for a voluntary auction of real estate (F, G, hereinafter referred to as “voluntary auction of the instant real estate”) based on the right to collateral security established on the building located in the building located in Pyeongtaek-gun, Gyeonggi-do (hereinafter referred to as “instant building”).

1. On October 17, 2013, Defendant A submitted a lien report to the effect that “The instant building was constructed, but it did not receive the payment of KRW 291,00,000,000,” in the civil application and civil application filed by the Jung-gu District Court located in the Dong-dong Family District Court, the Defendant filed an application for the exercise of the lien that occupies the instant real estate until the payment is received in full.”

However, in fact, in the building of this case, the defendant did not possess the real estate of this case at the time of the above application by the lessee.

Nevertheless, the defendant filed a lien report stating false facts in the court of the case of voluntary auction of the real estate of this case, which is in progress in the Jung-gu District Court as above, thereby doing so in the fairness of auction as a deceptive scheme.

2. Around December 4, 2013, Defendant B submitted a lien report to the effect that, in the civil application and civil application of the District Government District Court located in the Dong-dong, Dong-si, Government-si, Government-si, Seoul, Defendant B filed an application for the exercise of a lien that possesses the instant real estate by the time the payment was received in full, the Defendant did not receive KRW 98,500,000 from the purchase price.

However, in fact, in the building of this case, the defendant did not possess the real estate of this case at the time of the above application by the lessee.

Nevertheless, the defendant filed a lien report stating false facts in the court of the case of voluntary auction of the real estate of this case, which is in progress in the Jung-gu District Court as above, thereby doing so in the fairness of auction as a deceptive scheme.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the prosecution with regard to H;

1. Statement of the police statement with regard to I (Statement of Evidence.

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