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(영문) 창원지방법원 2015.06.24 2014고단2586
경매방해
Text

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

Reasons

Punishment of the crime

[Judgment of the court below] The defendant is a person who actually operates D, a corporation with the objective of selling and selling real estate, constructing construction works, etc., using ASEAN as a nominal representative director.

The Defendant had the intent to develop and sell five lots of forest land, such as F, located in Gyeongdong-gun E (hereinafter “instant forest”), and had the intention of selling the instant forest to G, the actual owner of the instant forest, and, due to the shortage of funds, requested H to purchase the instant forest, and the remainder of the cost of building the factory site and the cost of constructing the factory site, with the loan of the instant forest as security, requested the Defendant to pay the down payment of KRW 1.1 billion out of the purchase price of the thesis to be procured by selling and procuring the rocks collected during the construction of the factory site.

Accordingly, on March 12, 2008, H paid KRW 110 million as down payment to G on March 12, 2008, and the Defendant and H paid the same year.

8. 20. The same year after having received the registration of transfer of ownership of the forest of this case under I or H name that was made by the defendant, and the forest of this case as security.

9.4. The Defendant extended KRW 1.1 billion to G and paid KRW 600,000 to G as an intermediate payment, and the balance of the loan was KRW 500,000 to be appropriated as interest and construction cost, and the construction was suspended from time to time due to the shortage of funds.

On February 26, 2010, the Defendant concluded a contract for site creation work with Jinjin Construction Co., Ltd. and the construction cost of KRW 495 million, and continued the construction work of the site site by notifying the subordinate Gun Office during the construction work period, and the construction work was interrupted due to the suspension of construction during the construction work period. On May 3, 2011, the Defendant concluded a contract for site construction work with J and the construction cost of KRW 25 million and continued the construction work of the site.

On November 4, 198 of the same year, due to the default of loans from Changyang Agricultural Co., Ltd., the amount of KRW 1,240,240,000 for the loans and interest from Changyang District Court Jinyang District Court for a voluntary auction against the forest land of this case (hereinafter appraisal price: 2.14,122,00 won) is claimed, and the auction case has been conducted, the defendant is the defendant.

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