Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the actual business owner who operated D from Nos. 401, 402, and 403 of the former Land Building C in Changwon-si, Changwon-si.
On December 6, 2016, the Defendant filed a civil application with the Changwon District Court in Changwon-si, Sungwon-si, Changwon-si, the Defendant’s wife and one other than the Defendant’s F Co., Ltd. with respect to the foregoing D business establishment. However, the Defendant’s wife submitted a false lien report, etc. as if the Defendant’s wife had a lien on the said D business establishment in the said G G real estate compulsory auction case (Articles 401, 402, and 403) of the said court G real estate (Articles 401, 402, and 403).
Accordingly, the defendant, through fraudulent means, has harmed the fairness of auction by reporting the right under the false lien.
Summary of Evidence
1. Statement by the defendant in court;
1. The protocol of suspect interrogation of each police officer regarding E;
1. Each police statement made to H and I;
1. Investigation report (a copy, etc. of the report on right under lien submitted by suspect A) and attached thereto;
1. Application of Acts and subordinate statutes to search and output of auction cases;
1. Relevant Article of the Criminal Act and Article 315 of the Criminal Act regarding criminal facts and the selection of punishment (to select a fine, taking into account the following: (a) the confession of a criminal defendant from the time when the police investigation was conducted to the first police and his/her mistake is divided; (b) some circumstances exist to consider the circumstances leading to the crime of this case; and (c) the defendant, who is the creditor of the above auction case and the complainant of this case, have agreed to the cancellation of the complaint against the
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;