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(영문) 수원지방법원 2016.10.20 2016노2739
경매방해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defense counsel (unfair form of punishment) is recognized and contradictory to the defendant, and when the defendant was not paid a total of KRW 173 million, such as design service charges, from B, the defendant was involved in the crime of this case in order to recover the claims that he did not receive by reporting the right of retention in the current compulsory auction procedure, by collecting the claims, and by collecting the estimated amount of services for the part to be developed in the future, and by collecting the claims that "the defect in the report of the right of retention". The defendant was not actively recruited to commit the crime of this case, there is no benefit obtained by the crime of this case, there is no history of criminal punishment, and if the sentence of the court below is finalized, there is a concern that the defendant who operates the design office will suffer disadvantages in ordering the design service, etc., the sentence of the court below sentenced to the suspended sentence of six months is too unreasonable.

Judgment

The crime of this case committed an act interfering with auction by filing a lien report in collusion with B, stating that the Defendant had a claim for service payment amounting to KRW 130 million against B, but the Defendant had a claim for service payment amounting to KRW 540,80,000,000,000. This is not only a violation of fairness in the auction procedure, but also a violation that may delay the auction procedure by bringing a dispute over the existence of a lien or a waiver of a request for purchase, and cause significant damage to the interested parties, such as creditors, such as creditors, etc. by bringing down the sale price, which is not good. The amount of the claim filed a false lien report is not large, the Defendant was sold at the auction procedure of the land on which the Defendant reported a lien two times without a bidder at the auction procedure of the land on which he reported a lien, and was sold at the amount equivalent to approximately KRW 70,000,000 of the appraisal price at the third sale date. Any creditor who

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