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(영문) 부산지방법원 동부지원 2016.08.11 2016고정582
경매방해
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B is the owner of the Busan Southern-gu apartment house, 112 Dong 1504, and the defendant A is the representative director of D (ju) who is the Gu of the defendant B's friendship-gu.

Defendant

On February 9, 2015, Defendant B’s creditor filed an application for auction of the above apartment on the ground of nonperformance of debt, etc., and the compulsory auction procedure for the real estate was conducted as Busan District Court’s Dong Branch Support E. On July 27, 2015, the reporter filed an application for bid in the name of H in the above auction procedure on July 27, 2015, and the highest bid for the above apartment was purchased on the ground that G filed an application for non-permission of sale on the ground of the defects of the above apartment, and the said G filed an application for non-permission of sale on August 27, 2015, and on October 5, 2015, a new date of sale on the

Defendant

B In the new sale date due to the decision of non-permission for sale, it is apprehended that the sale price of the above apartment was reduced and thus damage was caused. The fact is that even though the price of the above apartment construction work was paid to the other construction companies in around 2013, the defendant Eul still has a debt of 8,580,000 won for the above interior works against the defendant Eul (the state), and based on this, the defendant A, the representative director D, was able to prepare a false lien report under the name of the defendant A and submit it to the court.

Accordingly, on September 21, 2015, the Defendants prepared a construction contract with the owner as “B”, “D (State)”, and “8,588 million won” and “a false certificate of lien reporting and possession” at the office of Defendant A located in the Busan Northern District Court, which submitted it to the Busan District Court Branch on the same day.

Accordingly, the Defendants conspired to report false lien and thereby, thereby harming the fairness of auction by fraudulent means.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1.The application of the laws and regulations to the complaint (including supplementary materials).

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