The judgment below

Each part of the conviction against the Defendants is reversed.

Defendants are punished by fine of KRW 5,000,000.

1. The court below sentenced Defendant A not guilty on the charge of forging private documents, uttering of a falsified investigation document, and evasion of compulsory execution among the facts charged against Defendant A, and sentenced Defendant A guilty on the remainder of the facts charged. In the above judgment, only the Defendants appealed on the guilty part, and the prosecutor did not appeal, and since the above acquittal portion in the judgment against Defendant A became final and conclusive separately, the scope of this court's judgment is limited to the conviction portion in the judgment of the court below, excluding the

2. The main points of the grounds for appeal are as follows: each sentence of the court below on the Defendants (each of four months of imprisonment and one year of suspended sentence) is too unreasonable.

3. It is also true that the crime of this case, in order to delay the auction, was committed in collusion by the Defendants and thereby obstructing the auction by reporting a false lien, and that the case is not less severe, and that the obstruction of auction obstructs the fair auction business of the court, causing damage to the creditors in good faith, and that there is a need for strict punishment, and that the amount of the claim against the false lien reported by the Defendants is considerably large.

However, in light of all the sentencing conditions indicated in the records of this case, including the following: (a) the Defendants voluntarily withdrawn the report of false lien during the auction procedure; (b) Defendant A was the first offender; (c) Defendant B and C did not have the same criminal power; and (d) Defendant B and C did not have any profit to be acquired from the crime of this case; (b) Defendant B and C took part in the conspiracy in the intent to assist and induce Defendant A; (c) the Defendants’ health is not good; and (d) the Defendants led to the confession of the facts of the crime of this case; and (e) the Defendants reflects the depth of their mistake; and (e) other factors leading to the crime of this case, including the background leading up to the crime of this case, other Defendants’ age, character and conduct