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

The defendant is a person who operates C Co., Ltd and D Co., Ltd in the name of his wife B.

On March 208, the Defendant entered into a design service with a bridge and a retaining wall installed on the ground of 955m2 (hereinafter referred to as “the instant real estate”) in Yeongdeungpo-gu, Suwon-gu, E-owned, the Defendant entered into a contract for construction works on November 2008, and completed construction works including repair of defects from the end of February 2009 to March 201.

The Defendant held a claim amounting to KRW 560 million in total due to the Defendant’s failure to receive KRW 50 million in the above design service cost and KRW 650 million in the construction cost, and KRW 510 million in total. However, the Defendant sold the instant real estate and paid the price, and did not take special measures to recover the claim.

G on December 7, 2012, based on the claim amounting to 400 million won held by the wife H, set up a collateral security with the maximum amount of claims 500 million won on this case’s real estate. On February 28, 2014, E applied for an auction to the Suwon, which did not repay the borrowed amount. As a result of the appraisal of this case’s real estate, the appraised amount was set at KRW 596,875,000.

Although Defendant 1 was unable to hold a lien on this real estate because he failed to meet the requirements of possession, at that time, he installed a container on the ground of this real estate, and submitted a report on the right to the court by asserting a lien of KRW 460 million in the name of D on May 19, 2014, and KRW 50 million in the name of C, and the auction on this real estate was conducted on October 15, 2014.

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

Summary of Evidence

1. A protocol concerning the examination of suspect to the prosecution of a part of the defendant (including the substitution of the E department);

1. Legal statement of witness G;

1. Statement of the police statement related to G;

1. A certified copy of the register, a report on the right of retention (D), a contract for private construction works, a report on the right of retention (C), a technical service contract, an appraisal report, and an appraisal report;