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(영문) 수원지방법원 평택지원 2013.06.04 2013고단389
경매방해
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A, while operating a golf range with the trade name of F by leasing the above B01 from E of the building B01 in Bupyeong-gu Incheon Metropolitan City, A, on April 1, 2010, the auction of the above building was conducted through voluntary decision on commencement of auction (G) by the Incheon District Court. On April 1, 2010, Defendant B conspired with Defendant B, who was aware of it for the purpose of maintaining his right of lease, carried out the internal facility construction of the above B01, and did not receive the price, and was able to report a false lien in the name of Defendant B.

The Defendants conspired and conspired, on June 9, 2010, at the second auction of the Incheon District Court located in the Nam-dong Incheon District Court, the Incheon District Court: (a) did not have any fact that Defendant B had ordered the construction of the internal facilities of the above golf practice range; (b) did not prepare a false tax invoice stating that Defendant B had installed the internal facilities of the above golf practice range from May 9, 2009 to July 10, 2009 and incurred KRW 280,000,000; and (c) had H reported the lien on the basis of Defendant B’s above construction cost claim.

As a result, the Defendants made a false declaration of lien in the voluntary auction procedure so that the fair competition in forming an appropriate price may be impeded.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol concerning E;

1. Application of Acts and subordinate statutes on the report of lien rights;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 315 and 30 of the Criminal Act

1. Defendant A: Defendant B who has chosen to imprisonment with prison labor: Selection of fine;

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B of the provisional payment order: The Defendants’ reason for sentencing under Article 334(1) of the Criminal Procedure Act are against the recognition of the crime, and the withdrawal after the pertinent auction case is completed, and the Defendants’ right of retention is reported.

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