Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative director of Yeonsu-gu Seoul Building 606, Inc. D (former trade name before change: E).

On June 28, 2010, the Defendant, as joint and several suretys and city construction companies, borrowed KRW 6.9 billion from a mutual savings bank, the Defendant waived the right of retention notwithstanding the construction cost and any reason with respect to detached houses and hospitals (land 5,472m2m2, hospital building 13,44.3m2, housing building 224.4m2) located in 10m2, Gyeong-nam, Seoul Special Metropolitan City, which is a collateral security, as joint and several suretys and city construction companies, and prepared each written waiver of the right of retention with the content that, at the time of the proceeding of the legal procedure including the public sale in the future, the Defendant promised not to assert any separate ownership and other rights as to the collateral.

On August 26, 2011, when the savings bank applied for a voluntary auction and the auction procedure was conducted on or around August 26, 201 (Chowon District Court H). On December 16, 2011, the Defendant, despite being aware of the waiver of the lien as above, filed a civil application with the Changwon District Court located in Seongbuk-gu, Changwon District Court, Changwon District Court, the Defendant, despite being aware of the waiver of the lien, submitted the report stating that the Plaintiff, D, owner Co., Ltd., F, and auction object as the claim for construction cost amounting to KRW 10.8 billion, thereby impairing the fairness of auction by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. The application of Acts and subordinate statutes to a letter of waiver of a lien, an application for a lien and a report on rights under a lien;

1. Relevant Article 315 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant was guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and prepared a letter of waiver of the right of retention at the time of receiving a loan of KRW 6.9 billion from the mutual savings bank. However, since the construction cost that was not paid by the previous owner of the right is KRW 17.6 billion, among them, KRW 6.9 billion is collected, and thus, the loan amount of the mutual savings bank is KRW 6.9 billion.