The defendant is a person engaged in the building business, B from December 26, 1995 to operate a restaurant by leasing a building located on the ground of Gwangju City from D, the owner of the building located on the ground of Gwangju City, and E is a person who leased a building located on F and G ground from D, the owner of the building.

On October 2014, the Defendant requested the Defendant to prepare a false construction contract form in the name of the Defendant and deliver his seal to B, as it is necessary to claim a lien based on the construction cost incurred to the above leased buildings in the process of voluntary auction of real estate in progress with respect to land C,F and G and their above-ground buildings from the Chang Chang-si, an elementary school.

After that, around October 2, 2014, B and E prepared a construction contract with the purport that construction work equivalent to KRW 159,000,000 for the leased building located in Gwangju-si was carried out, and H carried out construction work equivalent to KRW 516,00,00 for the construction cost, respectively, and filed a lien report with the Suwon District Court Sung-nam Branch (the first court I real estate auction) along with the above construction contract.

However, the defendant did not perform the construction work equivalent to the construction cost stated in the above construction contract in Gwangju City, and the above construction cost was arbitrarily determined by the lessee B and E, who is the lessee.

After all, the defendant, in collusion with B and E, has harmed the fairness of auction by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Investigation report (Hearing of suspect and witness B telephone statements);

1. Application of Acts and subordinate statutes in the report of lien, each construction contract, and the report of lien;

1. Relevant Article 315 of the Criminal Act and Articles 315 and 30 of the Criminal Act concerning the selection of penalties;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.