A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 9, 2006, the registration of establishment of each collateral security right of KRW 590,000,000,000 was completed in order to secure the defendant's loan claims of the Saemaul Bank of Korea in order to secure the loan claims of the Saemaul Bank of Korea in order to secure the loan claims of the Saemaul Bank of Korea in the name of Suwon-si, Suwon-si, Suwon-si, the Seoul-si, the Seoul-si, and the D (hereinafter "the real property of this case") operated as a bathing facility under the name of E.

In the indictment of F Co., Ltd., the indictment is written as “victim F Co., Ltd. (hereinafter “victim F Co., Ltd.”), but this part is corrected in consideration of the name of the offense charged, protection of legal interests, etc.

(F) On April 23, 2013, the Plaintiff acquired each of the above loans from the Do Agricultural Community Credit Cooperatives to E and the Defendant, and completed the registration of the transfer of the above loans on the instant real estate on April 23, 2013.

Since then, E and the Defendant failed to repay the above loans, F et al. voluntarily filed a request for auction with the Suwon District Court on May 30, 2013, and the Defendant filed a false request for lien and received money from F et al.

Around April 18, 2014, when the above auction procedure was in progress, the Defendant reported a lien to the effect that the Defendant acquired a lien of KRW 320,000,000 as collateral against the claim for construction payment of KRW 320,000 as to the instant real property.

However, in fact, the Defendant did not perform construction works equivalent to KRW 320,000 on the instant real estate.

As such, the Defendant interfered with the fair auction of the instant real estate by using a deceptive scheme.

Summary of Evidence

1. Statement made by the witness I in the third public trial protocol;

1. Inquiry into auction cases, or into lawsuits without any lien;

1. A real estate sale contract, agreement on agreement, and withdrawal of a voluntary auction of real estate;

1. Attachment of relevant record notes, and the application of statutes attaching certified copies of the relevant old register;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;