A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On July 23, 2020, the Defendant was sentenced to a suspended sentence of three years in the Seoul Southern District Court on July 23, 202, for occupational embezzlement, etc., and the said judgment became final and conclusive on July 31, 2020.

【Criminal Facts】

The defendant is a person who has served as a practical operator and auditor of corporation B.

On June 12, 2018, the Defendant filed a lien report stating the amount of return as KRW 667,310,000 with respect to the instant case, with the purport that: (a) the creditor bank, as the creditor, applied for the commencement of voluntary auction on real estate, such as “E factory,” etc. located in the Cheongju District Court, Cheongju Branch; and (b) the voluntary decision on commencement of auction on the said real estate, etc. was rendered; and (c) around August 21, 2018, the Defendant filed a lien report with respect to the instant case with the purport that there was additional construction cost unpaid to B in relation to the foregoing case, E, a corporation, as the creditor, filed a lien report stating the amount of return, as KRW 667,310

However, there was no fact that the defendant and the corporation did not perform the above additional construction work, and accordingly, they did not hold the claim for the construction cost that can be paid by the corporation E.

Nevertheless, the Defendant reported a false lien in the above voluntary auction procedure, thereby harming the fairness of auction by fraudulent means.

Summary of Evidence

1. The prosecutor's statement concerning G of the defendant's court statement;

1. The police statement of H;

1. Search for auction cases, report on lien and right, and contract agreement for construction works;

1. Decision on a lawsuit seeking confirmation of existence of lien;

1. Lease contract, consent and written confirmation of occupation;

1. Previous records of judgment: Defendant’s legal statement, criminal records, inquiry reports, indictment, and application of Acts and subordinate statutes as a result of case search;

1. Article 315 of the Criminal Act applicable to the crimes and Article 315 of the Election of Imprisonment;

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;