Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Punishment of the crime

Defendant

A was liable to the victim C for a total of KRW 45 million and interest of KRW 5 million. While the victim was not paid the above debt, the victim was under a title trust held by Defendant B, and the auction procedure on the land outside D and four parcels in the name of Defendant A was conducted on September 6, 2019. On September 17, 2019, on the ground that the above debt was the secured claim, the Defendant’s claim was provisionally seized on September 17, 2019.

On October 9, 2019, the Defendants made a false statement to the “F” office operated by the victim in the Dong-gu in Gwangju-gu, Gwangju-gu, stating that “I will receive loans from the victim as collateral for the G building in the Yeung-gun, Jeonnam-gun, the cancellation of the above provisional seizure against the claims, and A will repay the total of KRW 40 million in return for repayment of the money lent by A in connection with the construction of the Chungcheong apartment complex in the Chungcheongnam-gu, Chungcheongnam-do.” The Defendants made a notarial deed with the same content.

However, in fact, even if the victim was released from provisional attachment and the victim was able to repay other obligations with the loan secured by the above G building, and in relation to the Chungcheong Cheongju Corporation, it was unclear whether the construction is able to receive the loan due to the fact that the public auction is being conducted at the time of the event and the public auction is not run normally. Therefore, the victim did not have the intent or ability to pay KRW 40 million to the victim.

On October 10, 2019, the Defendants deceiving the victim, and let the victim withdraw the provisional seizure of the above claim.

As a result, the Defendants conspired to induce the victim to obtain pecuniary benefits.

Summary of Evidence

1. Defendants’ respective legal statements

1. The obligation to submit the written statement of each police report to C, the H auction goods, and the I auction goods copy of the register (G et al., one parcel) to the complainant.