Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[2014 high-level 3313] Although the Defendant was successful on October 4, 201, 702 D apartment house C located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant apartment”), the victim E, etc., who is the obligee of the said apartment construction, claimed a right of retention on the said apartment and continued to dispute on the right of possession of the apartment between the victim and the apartment owner.

On June 2012, the Defendant had F, who was aware of such fact, deprived the victim of possession of the instant apartment, and let G and H occupy the instant apartment, which he knew of such fact, and had G and H occupy the instant apartment, and the victim filed a lawsuit against G and H on December 7, 2012 with the Seoul Eastern District Court for delivery of the building, and had the victim win the said lawsuit on the ground that G, etc. was a false lessee.

On January 31, 2013, the Defendant: (a) did not have leased the instant apartment to G and H in a lawsuit seeking the delivery of a building that the Defendant filed against G, etc.; (b) did not know of such fact; (c) did not intend to acquire the benefits from the possession of an apartment equivalent to the above lease contract by submitting a preparatory document stating that the Defendant leased the instant apartment to G and H as his defense counsel; and (d) by having the court submit a false receipt of deposit payment, etc. as evidence to the effect that the Defendant actively asserted that he leased the instant apartment to G, etc.; (c) however, it is difficult to view that the above lease contract was actually concluded in the above court on July 2, 2013; and (d) G, etc. was merely the occupied assistant; and (c) did not have been committed any attempted attempt.

[2014 high-level 3993] The defendant was awarded a successful bid of D apartment 702 in Gwangjin-gu Seoul Special Metropolitan City around October 201, but the victim E, etc. who is the creditor of the construction price of the apartment claimed the right of retention on the apartment and dispute over the right of possession of the apartment between the victim and the victim.