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(영문) 대전지방법원 천안지원 2014.07.10 2014고정119
경매방해
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A and Defendant B’s co-principal, an incorporated association E, and Defendant B, who was Defendant A’s wife, shared on March 25, 2013.

Defendant

A borrowed KRW 10 million around August 16, 201 from the F introduced by C, and KRW 10 million around November 1, 201 of the same year, and borrowed KRW 20 million in total, and failed to repay the borrowed money, which was demanded on April 2012 to set up a right to collateral security at KRW 35 million with respect to H 102, Y (hereinafter referred to as “instant real property”) in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter referred to as “the instant real property”).

Accordingly, the Defendants, on April 3, 2012, concluded a lease agreement dated February 15, 2012 with the intent to apply for dividend on the deposit in the event of voluntary auction conducted by F notwithstanding the absence of the fact that Defendant B paid the deposit to G or Defendant A with respect to the instant real estate, and entered into a false agreement with the public on February 15, 2012, stating that “G leases the instant real estate to B with the deposit amount of KRW 35 million.”

Since then, around September 21, 2012, Defendant A submitted a deposit amount of KRW 35 million with the lease agreement of February 15, 2012, and an application for report on the right of the applicant and a demand for distribution to the applicant B, even though there was no fact that Defendant B paid any lease deposit to Defendant B or the Defendant at the third-class office of the Daejeon District Court’s YY auction in the 3rd-dong, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.

As a result, the Defendants conspired in collusion to harm the fairness of auction.

2. On September 21, 2012, the Defendant: (a) at the third-class office of the Daejeon District Court in the new-dong, Chungcheongnam-gu, Chungcheongnam-gu; (b) on the auction of real estate rent as stipulated in paragraph (1), there is a fact regarding the auction of real estate.

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