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(영문) 수원지방법원 2018.06.08 2017고정2994
경매방해
Text

Defendants shall be punished by a fine of three million won.

If the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

In light of the records of this case, there is no obstacle to the defendant's exercise of his right to defense, and basic facts were appropriately revised and recognized within the same scope.

[criminal record] Defendant B was sentenced to one year of imprisonment for a crime of fraud on May 11, 2017 at Suwon Friwon, and the said judgment became final and conclusive on October 27, 2017.

[Criminal facts] Defendant B is the actual operator of Defendant D and Limited Company E, and Defendant A is the representative director of Defendant B’s spouse interest corporation D and Limited Company E.

On August 25, 201, F-si F land (hereinafter “instant land”), there was a period of creation, etc. of a lower-class right with the maximum claim amount of KRW 1,510,000,000, the debtor, G and mortgagee as H fisheries cooperatives (hereinafter “H fisheries cooperatives”), and on September 1, 201, the ownership was transferred in the name of D Co., Ltd. on September 1, 201.

After that, the Defendants decided to purchase the instant land in the name of limited company E, and Defendant B acquired KRW 1160,000,000 from G as collateral obligation of the foregoing collateral security from around September 2012, and around that time, Defendant B acquired D, the owner of the instant land.

On August 19, 2014, HU, a creditor, filed an application for voluntary auction of the instant land on or around August 19, 2014, and on the same day, the Daejeon District Court Red support I opened the auction procedure for the instant land.

In the above auction procedure, the Defendants were willing to report a false lien in the name of limited company E, and on December 16, 2014, stated “number I, two copies of building design contract, one copy of application for civil petition verification, one copy of seal certificate, one copy of superficies certificate, 74 million won of deposited receipt, design cost 15 million won, 30,000 won of the development of groundwater, 30,000 won of the survey cost, 80,000 won of the lien (22,30,000 won of the lien), 20,000 won of the lien (22,30,000 won of the lien)” as “A representative A, contact contactJ, and C of the limited company E on December 16, 2014 before delivery place.”

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