Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Punishment of the crime

The defendants are F's creditors who leased money to E's operator F of corporation E who had been a new D's construction corporation in Overcheon City for the purpose of construction fund.

The Defendants, upon the recommendation of F to the effect that “I shall have the right of retention in the foregoing D. B as an indirect possessor, and live there. I will make a written subcontract for the construction work with E. I.D as of April 8, 2014, Defendant A, Defendant C, as of December 23, 2013, and Defendant H, and Defendant B, as of December 17, 2013, respectively, have resided in the first place after making a move-in report as of December 17, 2013.

On January 12, 2016, the Defendants: (a) submitted a lien report to the Suwon District Court J and K, which is a voluntary auction procedure for the said D land and buildings, and (b) conspired to claim the waiver of the lien as a direct occupant of D, who is not a F, on October 14, 2016, on the grounds of an agreement with the debtor related to the construction cost of F.

The Defendants did not have a claim for the construction cost as to the above D, and filed a false report that there was a lien based on the claim for the construction cost of KRW 170 million for Defendant A and Defendant B, and the claim for the construction cost of KRW 150 million for Defendant C, in the voluntary auction case that was in progress by the Suwon District Court J and K on June 5, 2017, notwithstanding the absence of a lien, because they did not have a legitimate title to possess D land or its ground.

As a result, the Defendants conspired in collusion to report the false lien in the above voluntary auction procedure, thereby harming the fairness of auction.

Summary of Evidence

1. Defendants’ respective legal statements

1. Some statements in the police interrogation protocol concerning F;

1. Statement of the police concerning L;

1. A complaint, each report on lien, and each report on lien and withdrawal;

1. Information on court auction (Seoul Central District Court M);

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;