Defendant

A Imprisonment with prison labor for one year, and for six months, for Defendant E.

However, from the date this judgment became final and conclusive, Defendant.

Punishment of the crime

1. Defendant A is the representative director of JJ Co., Ltd. (former K Co., Ltd.) located in Seocheon-gu, Seocheon-gu I.

On July 20, 2004, the Defendant leased only the construction license to N without performing the instant apartment construction work upon request from N by the representative director of M Co., Ltd. (hereinafter “M”) (hereinafter “M”) who performed the instant apartment construction (hereinafter “the instant apartment”).

After N around November 201, the Defendant’s completion of approximately 95% of the construction work, the construction was discontinued due to the shortage of funds. On November 30, 2012, the Defendant: (a) the Bank of Korea, a stock company, was unable to receive reimbursement of approximately KRW 4.3 billion loaned to M on the instant apartment; (b) applied for voluntary auction of the instant apartment site, etc. based on the right to collateral security established at the time of the said loan; and (c) the instant apartment site was in progress; and (d) the Defendant was willing to report the false lien.

On January 16, 2013, the Defendant reported the right of retention to the effect that, in relation to the auction case at issue, the Daejeon District Court Red-gun, Hongsung District Court, which was located in 38, Hongsung-gun, Hongsung District Court, Inc., reported the right of retention to the effect that “A person exercises the right of retention because he/she was unable to receive the construction cost, even after being awarded a contract for construction work amounting to KRW 4.7 billion from the executor M,” and that the Defendant submitted the standard contract for work amounting to KRW 4.7 billion on July 20, 2004 as evidentiary materials.

However, in fact, the apartment construction of this case was conducted by M, and the defendant only lent the construction license to N, but did not have any construction work, so the defendant did not have a claim for the construction cost of KRW 4.7 billion to M.

Accordingly, the defendant reported the right of retention based on false claims, thereby harming the fairness of auction by fraudulent means.

2. Defendant E’s joint crime with P, Q, and R was committed on April 7, 2014 by contact with the Defendant, the victim D, and was in charge of the instant apartment site security duties on October 2014 while leaving the instant apartment site.