All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The Defendants had a claim for the construction price as to the instant construction work, and accordingly, from September 208 to June 10, 2014, the date of the auction commencement to June 10, 2014, the Defendants did not report false lien and thereby interfere with the fairness of auction.

B. The sentence imposed by the lower court on the Defendants (a fine of five million won) is too unreasonable.

2. Determination

A. The Defendants asserted that the determination of the lower court was identical to the lower court, and the lower court rejected the Defendant’s assertion on the following grounds.

Defendant

On December 10, 2007, E Co., Ltd., the owner of the instant apartment construction project with F Co., Ltd., the owner of the instant apartment construction project, entered into a contract for construction works with the contract amount of KRW 500,000,000 with respect to incidental civil engineering and landscaping among the instant new apartment construction projects; Defendant B borrowed the name of H Co., Ltd. and entered into a contract for construction works with the I Co., Ltd., the contractor of the instant apartment construction project with the contract amount of KRW 466,70,000 on December 22, 2006; and E and H Co., Ltd were suspended when performing construction works in accordance with the said contract for construction works.

However, in full view of the following circumstances, it is difficult to recognize that the Defendants had a claim for the construction cost equivalent to the amount stated in the report on the lien, and even if having a claim for such construction cost, it is difficult to recognize that the Defendants possessed the instant construction site under the lien until the commencement of the auction, and it is difficult to recognize that the Defendants occupied the instant construction site by the lien. Therefore, the Defendants could fully recognize the fact that the Defendants

First of all, E has a claim for the construction cost of KRW 317,827,00 in relation to the construction site of this case.