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(영문) 대전지방법원 2018.12.13 2018고단3155
경매방해
Text

Defendant

A Imprisonment with prison labor for six months, and for one year and two months, respectively.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant

B is E's pro-win who is the actual operator of D, and the defendant A is the representative director of G, who is the owner of the factory building located in Kimpo-siF on April 6, 2016, and the defendants entered into a lease agreement that pays the lessor to G, the lessee to D, and the lessee to 20 million won for monthly rent without the deposit, and then prepares a false lease agreement that states the deposit as five million won.

1. On April 7, 2016, the Defendants made a proposal to the effect that, in the above factory building, Defendant B would immediately commence an auction on the factory building; and Defendant B would give the Defendant a false lease contract stating that, after the preparation of a false lease contract, the security deposit should be given to the said factory building even during an auction procedure; and Defendant A accepted this, Defendant A drafted a false lease contract for the said factory building, stating that the lessor is G-ro, the lessee, and the security deposit is KRW 37 million.

Defendant

B, according to the above public offering on February 17, 2017, at the remote site of the foregoing factory building, the “application for a lease report and a demand for distribution,” the deposit amount of which is KRW 37 million, in the name of the Incheon District Court’s Busan District Court’s Branch H real estate auction procedure for the foregoing factory building, was received by mail in the 3rd auction of the above court, and attached the lease contract, the deposit amount of which is falsely entered, as above.

As a result, the Defendants conspired in collusion to harm the fairness of auction.

2. Defendant B

A. On April 6, 2016, the Defendant changed private documents, as indicated in the facts, was holding a false lease contract stating five million won of the deposit. By changing the amount of the deposit, the Defendant was willing to receive part of the deposit money for which the right to lease was reported during the auction procedure for the above factory building.

From April 2016 to February 17, 2017, the Defendant is in the column of a security deposit with a black pen.

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