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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant is a creditor who seized the amount of KRW 362,00,000 on July 4, 201, on the following grounds: (a) on July 4, 201, the civil engineering works and the interior works among the construction works of the Chungcheongnam-gun, Chungcheongnam-gun; and (b) on July 4, 201, the Defendant was a creditor who seized the amount of KRW 56,00,000 as to the loan on July 4, 201.
On August 16, 201, Korea Mutual Savings Bank, a creditor of the first priority mortgage on the above B lending (established on July 30, 201) applied for a voluntary auction of the above B lending with the Cheongju District Court on August 16, 201, based on the principal and interest claim amounting to KRW 849,759,204 against the owner, and auction was conducted as D. However, the appraisal value of the above B lending is merely KRW 1,056,00,000, while the above appraisal value of the B lending was merely KRW 1,056,000,000, as Defendant and C did not have possession of the above B lending even if the above B lending was awarded due to the existence of the Defendant and C, the Defendant and C did not have the lien holder, even if they did not have the possession of the above B lending prior to the commencement of auction, the Defendant and C did not neglect to recover the construction price claim by reporting the false lien.
Accordingly, on January 30, 2012, Defendant and C filed a lien of KRW 362,00,000 on the reported amount, and KRW 58,00,000 on the reported amount, respectively, inasmuch as Defendant and C did not have any fact that Defendant and C occupied the above BBD and controlled the outside person’s access and kept the key of the storage device for each household, Defendant and C did not have any custody of the key of the storage device for each household, and C filed a lien of KRW 362,00,000, respectively.
Accordingly, in collusion with C, the Defendant reported the above false lien, thereby harming the fairness of auction by fraudulent means.
Summary of Evidence
1. Legal statement to the effect that the defendant reported the right of retention even though he/she did not possess B lending;
1. Police suspect interrogation protocol regarding C;
1. Statement to E by the police;
1.F.