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[Defendant A] Defendant A shall be punished by a fine of KRW 2,000,000.
Defendant
A fails to pay the above fine.
Reasons
On May 23, 2018, Defendant A, who had committed a crime, was sentenced to a suspended sentence of three years for one year by imprisonment for a violation of the Road Traffic Act at the Jung-gu District Court on May 23, 2018, and the judgment was finalized on May 31, 2018.
Punishment of the crime
Defendant
B around April 25, 2014, at the D Association's business office located in Chungcheongnam-si, Namyang-si, set up a collateral security with the maximum debt amount of KRW 2,574,00,000 against the land and above ground buildings located in Pocheon-si, Inc., Defendant B, as well as the maximum debt amount of KRW 1,980,00.
Defendant
B, as a result of the failure to repay the above loans, D Union, the mortgagee of the said land, applied for an auction of real estate on April 7, 2016, and on April 8, 2016, it was decided to voluntarily auction the said land with the District CourtF on April 8, 2016.
In order to ensure that the above auction was failed, Defendant B asked Defendant A, who leased a commercial building among the above E-owned buildings, to report the lien as if the construction of the above building was carried out, and Defendant A consented to this, and Defendant A had the intention to report the lien falsely.
Defendant
B Pursuant to the above public offering, around May 2017, at the office of Defendant B located in the building above, Defendant B, using a computer, prepared a “registration statement on the right of retention (right of retention)” with the purport that “A, debtor, owner: B, and the above parties report the existence of a lien according to the construction of the building in question.” The Defendant A stamped and signed the said registration statement on the right of retention, and Defendant B received the said registration statement.
However, the defendant A did not have any construction work on the above real estate.
The Defendants conspired to report the false lien, thereby harming the fairness of auction by deceptive means.
Summary of Evidence
1. Defendant B’s legal statement
1. Examination protocol of Defendant A by the prosecution (second time);
1. The police in relation to G.