The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The defendant, by taking advantage of the fact that the ownership of the building belongs to another person's name, has harmed the fairness of auction by reporting false lien equivalent to KRW 650,00,000,00. The crime was inferior, and the defendant's report of false lien was not made two times since the report of false lien was made, and there was no substantial damage to the creditors.

shall not be effective.

However, the court below's punishment is too unreasonable in light of the following factors: (a) the defendant appears to have committed a crime in the first instance court; (b) the defendant has no previous conviction; and (c) the defendant's age, sex, environment, family relationship, motive, method of crime, circumstances after the crime, etc.; and (d) all the sentencing conditions in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence admitted by the court are as follows, except for the addition of “1.1. Defendant’s oral statement” to the summary of the evidence in the judgment of the court below, since the corresponding part of the judgment of the court below is the same. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 315 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution;