Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 4, 2012, the Defendant: (a) filed an auction procedure with the Seoul Central District Court on the basis of the right to collateral security established in relation to D’s housing units E, 102 in Seoul Special Metropolitan City, Gwanak-gu, the Defendant: (b) upon commencement of the auction procedure; (c) despite the existence of the Defendant’s right to deposit KRW 100 million, G, who was granted the fixed date as of March 21, 201 with respect to the said housing units, had the first priority right to the maximum debt amount of KRW 154,7 million prior to the said fixed date; and (c) at the time, there was a concern that the appraisal value of the said housing units was less than KRW 180,00,000,000, due to the decline in the successful bid price; and (d) at the time, there was concern that G would not receive dividends on the basis of the aforementioned lease agreement with the fixed date, which is recognized as the priority right in accordance with the Housing Lease Protection Act, and received some dividends from the auction court.

On June 2012, the Defendant requested H to know of the fact in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, thereby making a false housing lease agreement to the effect that “G shall lease the room 1 column of the above house owned by the lessor D with the lease deposit amount of KRW 20 million.” On June 13, 2012, the Defendant submitted a report on the right and a request for distribution accompanied by the copy of the lease agreement to the civil execution of the Seoul Central District Court located in Seocho-gu, Seoul Special Metropolitan City and the above lease contract.

Accordingly, the defendant has harmed the fairness of auction by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A whole certificate of registered matters, a report on rights, and a request for distribution, and each real estate lease contract;

1. An investigation report (to hear statements of witnesses H) and an investigation report (to verify real estate appraisal data);

1. A complaint;