The judgment of the court below is reversed.

Punishment for each crime in the judgment of the second instance shall be exempted.

Defendant 1.

1. Summary of grounds for appeal;

A. In relation to the violation of the Civil Execution Act of misunderstanding of facts (the first instance judgment), there was no intention to submit a false list of property to the Defendant, and in relation to the forgery of private documents and the use of falsified documents (the second instance judgment), D, a lessor, consented to the preparation of a lease agreement in which E is a lessee.

B. The lower court’s sentence of unreasonable sentencing (the first instance judgment: the fine of KRW 2,00,000, and the second instance judgment: the fine of KRW 700,000) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to the records, the defendant was sentenced to imprisonment for two years and six months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Ansan District Court on September 21, 2012, and the judgment became final and conclusive on February 1, 2013.

The above crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of the defendant, which became final and conclusive due to the final and conclusive judgment of the court below, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, should be sentenced to a punishment for the court below in consideration of equity in the case where it is judged at the same time according to the main sentence of Article 39 (1) of the Criminal

Although there were grounds for ex officio reversal of the second instance judgment, the Defendant’s assertion of mistake of facts and the assertion of unreasonable sentencing on the first instance judgment are still subject to the judgment of this court, and this is examined.

3. Judgment on the assertion of mistake of facts

A. Determination on the violation of the Civil Execution Act (1) The Defendant asserted the same purport as the grounds for appeal in this part, and the lower court found the Defendant guilty of this part of the facts charged by taking into account the following circumstances.

① Even if the Defendant transferred the instant claim to E around August 201, 201, the Defendant’s transfer of the instant claim to E.