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(영문) 인천지방법원 부천지원 2015.09.23 2015고단340
경매방해
Text

Defendant

A and Defendant B shall be punished by a fine of two million won, and Defendant C shall be punished by imprisonment with prison labor for six months.

Defendant

A, Defendant .

Reasons

Punishment of the crime

Defendant

C is a person operating the “I” in Kimpo-si H, and Defendant A is a person operating the “J” as a trader of the said company, and Defendant B is a person operating the “K” as a tent manufacturer.

Defendant

C had purchased raw materials from Defendant A for about 13 years and processed them, and sold them. Since the above I went bankrupt on December 17, 2013, Defendant A, who had a claim of approximately KRW 220 million against Defendant C, was the representative of the creditor group, was the process of collecting claims, etc.

1. Around December 20, 2013, Defendants C and A proposed a proposal to the effect that the said I office is met, and Defendant C et al. “When Defendant C and A have a provisional building not entered in the register in the I factory building, they will be able to recover the claims if they exercise the right of retention on the I factory building.” Defendant C and Defendant A were willing to report a false lien on the said provisional building at the future auction procedure.

On April 14, 2014, at the 8th office of the Incheon District Court, the Defendants conspired to sell the building at L of this court for the civil application and auction at the 8th office of the Incheon District Court, the Defendant C-owned Kim Jong-si, etc. In fact, Defendant B prepared a false facility construction contract, a quotation, etc. at the request of Defendant A, despite the absence of the fact that the construction of the building on the above land was conducted on June 5, 2010, and Defendant A submitted a false lien report at the same time with the above documents to the 8th office of the above auction, which was unaware of the circumstances.

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

2. Defendant C’s sole criminal conduct

A. On October 22, 2014, the Defendant, who was the Defendant, is the Defendant’s factory at the Mutual Incompetence A’s office located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.

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