However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

B Co., Ltd. is the owner of the land in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and D is the representative of the above company.

B made a loan by borrowing KRW 1.95 million from E as collateral for the said land, but failed to repay the loan, and as a creditor, F, G Bank, H Co., Ltd. filed an application for commencement of the auction procedure with the Daejeon District Court from February 25, 2019 to Daejeon District Court for the above land.

Meanwhile, the Defendant, from around 2016 to 2019, lent KRW 520 million to D, but without receiving repayment from D, concluded a written agreement stating that “A shall claim false lien in order to secure claims against D when the auction procedure on the land in the name of the joint stock company B started, and that “A shall settle accounts after receiving the lien, with the payment of KRW 520,00,000,000 for the construction cost for the finishing construction of the building in the building in the building in the land in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City where A implemented.”

On December 5, 2019, the Defendant prepared and submitted a lien report to the Daejeon District Court Branch of the Daejeon District Court, 14-77, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Daejeon District Court, stating that “I will report A’s lien in order to secure construction cost equivalent to KRW 520,000,000,000,000,000 for the debtor corporation B.”

However, the facts are that the defendant only lent 520 million won to D, but there was no ground for exercising the right of retention, since the defendant did not perform construction work equivalent to 520 million won for construction work.

Nevertheless, in the above real estate auction case, the defendant has harmed the fairness of auction as a deceptive scheme by reporting false lien.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. The complaint, the real estate registration statement, all certificates, loan transaction contracts, auction case search, lien report, agreement, and the current status survey of real estate; and