Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant A, the same shall apply for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

B From October 2012 to March 2013, 2013, Defendant A used the account under the name of father D in the process of borrowing a total of KRW 50 million from Defendant A several times, and delivered a loan certificate arbitrarily prepared in the name of father D to Defendant A. Defendant A attached a provisional attachment on Seongbuk-gu Seoul E Real Estate (hereinafter “instant real estate”) owned by D around June 29, 2014.

After all, Defendant A filed a lawsuit against D around August 11, 2014 with the Seoul Northern District Court against D, but the appeal was dismissed on November 6, 2015, even though D was ruled against the debtor on the ground that D was not the debtor. After the auction procedure for the instant real estate was conducted on early November 6, 2016, Defendant A filed an application for the delivery of dividends as a provisional seizure right holder, but was unable to receive dividends as above in the lawsuit on the merits of a claim based on provisional seizure.

To enable Defendant A to receive dividends on the basis of the payment order, Defendants and D applied for a false payment order against Defendant A, and D received a payment order from the court in the manner that Defendant A did not raise any objection thereto, and Defendant A conspired to receive dividends by submitting the payment order in the auction procedure, pretended to be a creditor against D, and submitting the payment order in the auction procedure.

Accordingly, Defendant A, despite the absence of a claim for a loan to be paid from D, filed an application for a payment order claiming payment of the loan amounting to KRW 50 million and its interest and demand procedure expenses against the High Government District Court of Goyang-si located around March 31, 2016, and D did not file an objection, and the said payment order became final and conclusive around April 27, 2016 because D did not file an objection.

After that, on May 24, 2016, Defendant A submitted an application for dividend payment based on an order for payment based on fraudulent claims acquired with the Seoul Northern District Court on the same day, and on the same day, Defendant A submitted an application for dividend payment based on the payment order based on the payment order based on fraudulent claims acquired with the Seoul Northern District Court.