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(영문) 수원지방법원 평택지원 2017.02.09 2016고단1547
경매방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated D in Ansan-si, E is the defendant's wife, and F is a person who has produced and supplied a pressing amounting to KRW 35 million on the above D around 2012.

On June 24, 2010, the Defendant obtained a loan of KRW 700 million from the Yangyang Agricultural Cooperatives (hereinafter “Syang Agricultural Cooperatives”), and set up a collateral security with the maximum amount of KRW 980,000,000 for creditors, Yangyang Agricultural Cooperatives, and the maximum amount of bonds KRW 98,80,000 for the instant real estate (hereinafter “instant real estate”).

Since then, on April 8, 2014, the Defendant failed to repay the above debt, and as a result, the auction of the instant real estate was conducted by the decision to commence a voluntary auction in Suwon District Court G. G. G. G. G. in Suwon District Court on April 8, 2014, the Defendant conspired to participate in auction by reporting false lien in the name of E, etc. along with E, etc.

1. On December 5, 2014, the Defendant: (a) voluntarily prepared a standard contract for private construction works, stating that “D remodeling work, down payment 480 million won, contractor E, contractor F and two other, and March 5, 2012,” and (b) submitted a false lien report stating “F and two other,” as a lien holder based on the said contract for G auction in the Suwon District Court of Suwon-si, the fact that the Defendant had no knowledge of the fact that the F had carried out D remodeling work; (c) provided that “D remodeling work, down payment 480 million won, contractor E, contractor F and two other,” and provided that the auction was conducted by submitting the false lien report stating “F and two other,” as a lien holder based on the said contract for G auction in the G auction in the Pyeongtaek District of Suwon District of Suwon-si.

Accordingly, the defendant, in collusion with F, has harmed the fairness of auction by fraudulent means.

2. On March 18, 2015, the Defendant, who interfered with auction on or around March 18, 2015, did not have any fact that the Defendant’s wife E had performed D remodeling works around March 5, 2012, even though he/she had no fact that the Defendant’s wife E had conducted D remodeling works: D remodeling works and total amount: the remainder of 480 million won, whichever is 750 million won.

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