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

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

Punishment of the crime

On February 2, 2015, the Defendant was a person who constructed a new building on the land D and E in Ilyang-gu, Busan Metropolitan City, the ownership of C around 2015.

On February 13, 2015, the Defendant prepared “a letter of waiver of lien and on-site name,” with respect to the above land and building, to the effect that he/she renounces the exercise of all of the lien rights related to the said new building construction, and renounced the lien. However, on April 13, 2017, the Defendant was aware that a voluntary auction procedure (FFFF) was commenced with respect to the above land and building on the ground and that payment of KRW 390 million for the construction cost would not be paid. As such, the Defendant was willing to report the false lien based on the construction cost claim.

On July 7, 2017, the Defendant submitted to the above court a false lien report amounting to KRW 390,000,000,000,000,000 for the construction cost claim already abandoned in relation to the above high-sea F F F F F F F F F F F auction case.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the police in relation to C and G;

1. Each letter of waiver of lien and each letter of order on the spot;

1. The defendant and his defense counsel asserts to the effect that the report of lien was not made by false lien because the defendant had the actual lien at the time of submitting the lien report in the above auction procedure.

However, according to the above evidence, even though the Defendant had already renounced the right of retention by preparing and delivering “a letter of waiver of the right of retention and on-site evacuation” to the mortgagee on the said new building at around February 2015, it can be sufficiently recognized that the Defendant had harmed the fairness of auction by submitting a false lien report at a voluntary auction procedure for real estate based on the foregoing right of collateral security, as stated in its reasoning.

A cooperative of the two-way livestock industry with the right to collateral security against the defendant.