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Defendant
A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is the owner of the land and the multi-family house in Gwangjin-gu Seoul Special Metropolitan City, and the defendant B was the creditor who has a claim for the return of approximately KRW 70 million to A.
On April 23, 2014, the Defendants tried to make the above claims preferentially repaid by Defendant B by means of pretending that the decision to commence a compulsory auction for each of the above real estate was issued upon Defendant A’s application by Defendant E with respect to other monetary creditors.
On April 7, 2014, the Defendants: (a) drafted a lease deposit agreement on July 30, 2013, stating that the lease deposit is KRW 90 million with respect to subparagraph 401 of the said house, and the lease term is from July 30, 2013 to July 29, 2015; (b) Defendant B completed the move-in report to the said house on May 27, 2014; (c) obtained the fixed date of the said lease agreement on May 27, 2014; and (d) submitted a false report on rights and a demand for distribution, and the said real estate lease agreement to the court in charge of the F compulsory auction case at the Seoul East District Court on July 23, 2014, as he/she was the lessee of the said house.
As a result, the Defendants conspired in collusion to harm the fairness of auction.
Summary of Evidence
1. Defendants’ respective legal statements
1. Second prosecutor's protocol of examination of the defendant B;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to all the registered matters, certified copy of the resident registration, application for a report on rights and demand for distribution, copy of the real estate lease contract, copy of specifications of sold goods, and
1. Relevant Articles 315 and 30 of the Criminal Act concerning facts constituting an offense and the choice of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;