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(영문) 서울북부지방법원 2016.07.07 2016고정790
경매방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who carries on the wave business on the 6, 7th floor of Dongdaemun-gu Seoul Metropolitan Government C building.

On July 10, 2014, the object 1-7, the object of the second floor auction under the building C, the creditor Es. S. applied for an auction by the limited company specialized in the next securitization, and the Seoul District Court decided to commence the auction voluntarily on July 10, 2014.

Notwithstanding the fact that the Defendant did not perform construction works on the above auction objects and did not have the right of retention, the Defendant had a civil application for the support of the Seoul Dobong-gu Seoul District Court 749 Seoul District Court on January 21, 2015 and a claim for construction cost of KRW 100 million against the real estate owner as to the above auction objects.

By reporting the right as a lien, it could interfere with the formation of a reasonable price of the object of auction by reporting the right to the lien, so that the auction is fair.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 315 of the Criminal Act concerning the facts constituting an offense and Article 315 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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