A Imprisonment for six months, and Defendant B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Defendant

A is the representative and in-house director of corporation D (hereinafter referred to as "D") for the purpose of business such as the lease of real estate, and Defendant B is the auditor of corporation D.

On May 13, 2011, the Seoul Mapo-gu E- 330.9 square meters, F 12.6 square meters, and G 277 square meters, a decision was made to commence a voluntary auction with the Seoul Western District Court H on August 13, 2012, and the ownership was acquired by the victim K (hereinafter “victim”) (hereinafter “victim”), I and J acquired the ownership on August 13, 201 (victim 1965/6205 shares, I 28.5/620.5 shares, I 228.5/620.5 shares, J 195/620.5 shares, and J 195/620.5 shares). On October 15, 2012, the said land was combined with E-Ma 620.5 square meters.

(B) The Plaintiff acquired the ownership of the instant site on September 25, 2012 (hereinafter “instant apartment”) by compulsory auction on September 25, 2012. Meanwhile, at the time when the Plaintiff, etc. acquired the ownership of the instant site, there was an apartment building, which is a reinforced concrete structure of the first and sixth stories above the ground (hereinafter “instant apartment building”). However, D acquired the ownership of the instant apartment building 404 (hereinafter “instant building”).

On March 19, 2013, the victim filed a lawsuit against D against D for unjust enrichment on the ground that D owned the instant building and occupied the instant site, based on the claim for return of unjust enrichment against D, Seoul Northern District Court 2013Gahap20483 (Seoul Northern District Court 2013Gahap20483) (the victim was transferred by I and J on January 14, 2014). On October 1, 2014, the victim was sentenced to a favorable judgment, and the said judgment became final and conclusive thereafter.

However, around May 2013, when the lawsuit seeking unjust enrichment was pending, Defendant A had the intent to avoid compulsory execution by establishing a false collateral security on the instant building and prepared a false document of borrowing money with Defendant B, who knows such circumstance, and based on the foregoing, on May 8, 2013, Defendant A made a false document of borrowing money amounting to KRW 130 million with the mortgagee B and the maximum debt amount on the instant building.