A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On April 23, 2016, the Defendant entered into a lease agreement between the owner C and 30 million won of the building (hereinafter “instant real estate”) in Seo-gu, Seo-gu and Seo-gu, Seo-gu and one parcel of land (hereinafter “instant real estate”) and the real estate 302.

When the auction procedure of the instant real estate was initiated in Daejeon District Court D with a motion for auction of the creditor Kim Jong Fisheries Cooperatives, the Defendant had expressed false lien as if there were construction price claims, and had the intention to collect the money equivalent to the deposit money.

On December 5, 2016, the Defendant submitted a false lien report attached to the construction document, and submitted a false lien report, thereby doing the official auction process of the instant real estate by fraudulent means, if the Defendant had no claim for construction cost against C, even though the Defendant had no claim for construction cost with respect to C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. C’s statement;

1. An appraisal statement, a real estate lease contract, a report on a right, and a request for distribution, a lien report, a detailed statement, a certificate of all the registered matters, and a copy of the output of auction information;

1. Details of use of construction costs, details of transactions of entering money, and business registration certificate;

1. The progress of the case

1. Application of Acts and subordinate statutes on the report of investigation;

1. Relevant Article 315 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] interference with auction and bidding, where actual damage is minor [one month to eight months] in the mitigation area (the person with a special mitigation] [the decision of sentencing] [the crime of this case] is necessary because the crime of this case reported a false lien, thereby adversely affecting the reasonable price formation through fair competition in the auction procedure, thereby impairing the fairness of the auction procedure, and it is necessary to strictly punish the lien except for the case where a lien report is filed.