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Defendant
A shall be punished by imprisonment for eight months, by imprisonment for ten months, and imprisonment for one year and six months.
Reasons
Punishment of the crime
Defendant A of “2017 Highest 3397 (Defendant A, B, and C)” is a person registered as an internal director or representative director of a stock company E from May 18, 2015 to January 11, 2016; Defendant B is a person registered as an internal director of E from January 11, 2016 to the date, and Defendant C is a real operator of G registered in the name of ASEAN.
The Defendants purchased the H Day’s land and decided to build and sell other canal wells, but on January 28, 2016, when the procedures of voluntary auction were commenced to J and K, L, L owned M, and N-owned O-owned land P, the Defendants conspired to report the false lien to obtain the compensation for the construction cost claim even though they did not actually occupy the said land and exercise the lien.
Accordingly, on April 25, 2016, the Defendants: (a) in the Kuyang-dong District Court Branch of the Jungdong-gu District Court of the 885-1, Goyang-gu, Yongsan-gu, Dongyang-gu; (b) Defendant A and F contracted for construction works for Q ditch from the person who has the provisional registration right to the said land and held the claim for construction cost of KRW 485 million; and (c) Defendant B, the representative director of the said land, possessed the said land and exercised the right of retention; and (d) Defendant B, as Defendant A and F contracted for construction works for relocation of the farmland of KRW 192,500,000 for the said land, Defendant B owned the claim for construction cost of KRW 192,50,000,000 as Defendant A and F, and submitted two copies of the false construction contract and the lien
As a result, the Defendants conspired in collusion to harm the fairness of auction.
Around April 10, 2015, the Defendant entered into a sales contract with the content that he/she would sell 44 square meters of the R land in Yongsan-gu, Yongsan-gu, Seoyang-si to the victim S. on or around April 10, 2015, and received KRW 7 million as the down payment on or around April 10, 2015, and KRW 23 million as the intermediate payment on or around April 2015, and received KRW 30 million as the part payment.