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

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

Punishment of the crime

The Defendant, from November 201 to March 2013, 201, installed a king warehouse and a water line processing unit of Busan in the building of the D Factory No. 1 in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Seoul-si, and installed a sand site panel in the building No. 2 of the said factory, and did not receive KRW 29 billion for the total construction cost.

On September 12, 2013, at the request of the company specialized in the securitization of the above factories 1, 2, and 3 as to the above factories 1, 2, and 3, the auction procedure was conducted by making a decision on the commencement of auction in the support of the Daejeon District Court (Sacheon Support E) on September 12, 2013, and the auction procedure was reported as to the above factories 1, 2, and 3 as security claim.

However, as the defendant was installed only at the same time as the above king warehouse and the Busan water line processing contractor, the defendant could not exercise the lien on the above 2-dong factory and 3-dong building on the ground of the construction cost for the above king warehouse and the Busan water line processing contractor.

In addition, the warehouse of the sand site panel of the 2nd building was installed at will by the defendant without the consent of C, and the lease contract period of the 2nd building above was not yet terminated at the time of reporting the defendant's right to retention until September 8, 2015, and thus the defendant's beneficial claims have not yet been created. Thus, even with the secured claim, the above factory Nos. 2 and 3 were not entitled to exercise the right to retention for the above factory No. 2 and 3 buildings.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Two copies for search of auction cases;

1. A report on right of retention;

1. Investigation report (Submission of the text of the judgment and the general contents of the case), judgment; and

1. Application of Acts and subordinate statutes, such as two copies of the case in general;

1. Relevant Article 315 of the Criminal Act concerning the facts constituting an offense and Article 315 of the Selection of Punishment Act;

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