except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The Defendant planned to receive a successful bid of a 3-year club on the ground of another person, by reporting false lien in the procedure of a 5-year-old public auction beyond the public auction on the grounds that the 3-year-age club was in a poor business operation and tax arrears.

Accordingly, around July 19, 201, the Defendant submitted to the Korea Asset Management Corporation that vicariously executes public auction procedures through E, including a lien registration statement, a estimate, etc., stating that he/she had a claim of KRW 452,000,000 to D, and that he/she had a claim of KRW 539,20,000,000, and that he/she has a claim of KRW 443,360,000, and submitted a lien registration statement, a construction contract, etc. to G that has a claim of KRW 1,40,000, the construction cost of KRW 443,360,00.

Accordingly, the defendant has harmed the fairness of auction by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning E's statement among the interrogation protocol of the defendant by the prosecution

1. Examination protocol of police suspect regarding D;

1. Each police statement concerning G and F;

1. A copy of each report on right of retention (F, G, D);

1. Application of each power of attorney (F, G, D) statute;

1. Article 315 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the reported amount of false claims exceeds 1.8 billion won and the crime in this case is not good.

However, the defendant reflects the crime of this case, the above age club was failed several times during the public auction before the crime of this case was committed, and the fairness of the auction was not expected to have been significantly impaired due to the crime of this case, there is no record of the same crime, there is a family member to support, and other ages, character and behavior, environment, and family members to support.