Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

A. The defendant in mistake of facts has no choice but to prepare a false lease contract by taking intimidation from the defendant C, and based on which the lawsuit of demurrer against the distribution was carried out, so there is no intention to evade compulsory execution or attempted fraud for the defendant.

B. The sentence of the lower court’s unreasonable sentencing (two months of imprisonment, one year of suspended execution, one year of community service, 80 hours) is too unreasonable.

2. Determination:

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, even though the defendant did not actually reside in the G Apartment 103 403 Dongdong-gu, Seoyang-gu, Jungyang-gu, 103, 403, which was owned by C upon C's request, the court below prepared a false lease contract to lease the defendant as the lessee, and on October 7, 2010, applied for a report on the right to lease deposit amount of KRW 16 million and a demand for distribution on the basis of this on the ground that around October 7, 2010, the defendant filed a lawsuit of demurrer against objection under the above Goyang-gu, the creditor of C as the creditor of C, as the above Goyang support 201Kayang-gu, 9719, and the defendant did so by responding thereto, but the judgment was rendered against December 30, 2011 and became final and conclusive on February 9, 2012.

In addition, the defendant, upon C's request, voluntarily participated in the crime of this case, and the situation that C, upon his request by the defendant, participated in the crime of this case and the situation that C, who was asked by the defendant, does not peep (the defendant, as long as C, made a false lease contract, he stated that he was an accomplice and continued to proceed to commit a crime without any choice to drink it, unless C, she said that he was an accomplice, but in light of the fact that he could simply escape from legal relations by withdrawal of a request for distribution to an auction court, the defendant's defense is not persuasive) and the defendant from the investigative agency to the original trial.