Defendants shall be punished by imprisonment for six months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Punishment of the crime

1. On November 6, 2014, Defendant B was sentenced to six months of imprisonment with prison labor and two years of suspended execution for a violation of the Mountainous Districts Management Act at the Chuncheon District Court, and the judgment became final and conclusive on March 6, 2015.

2. On January 28, 2014, Defendant A loaned KRW 200 million from F to F on or around January 28, 2014, Defendant A completed the registration of the establishment of the right to collateral security of KRW 240 million with the maximum amount of the claim amount in G forest in Macheon-si, G in which Defendant A actually owned.

After that, on June 2, 2014, as of May 30, 2014, H, a corporation that acquired the above loan claims, completed the pre-registration of the right to collateral security on the above forest land, and the said corporation filed an application for voluntary auction and rendered a decision to commence auction at the District Court around July 10, 2014.

Accordingly, in order to prevent or delay the progress of the above auction procedure, Defendant A requested the declaration of lien with the false claim for construction cost, and Defendant B accepted it.

On February 3, 2015, the Defendants submitted a lien report to the effect that “(State) shall report the lien on KRW 80 million for the possessor and construction operator of the said forest and land as the occupant and construction operator of the said forest and land,” and that “(state) J shall report the lien on KRW 50 million for the construction cost as the occupant and construction operator of the said forest and land as the owner and construction operator of the said forest and land.”

However, (State) I, and (State) J did not have a claim for construction cost such as the above declaration, and did not have any connection with the above forest land at all.

As a result, the Defendants conspired to commit fraud to the fairness of auction.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to K in the police statement;

1. Voluntary decision on an auction of real estate, and search of auction cases;

1. Fact-finding certificate and lien report;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, (B) and application of Acts and subordinate statutes to report on investigation (final confirmation of suspect B);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;