Defendant

A shall be punished by imprisonment for eight months.

However, with respect to Defendant A, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A, as the operator of Yeongdeungpo-gu Agricultural Cooperative Co., Ltd., a mortgagee, filed an application for auction of the land and multi-household housing in Pyeongtaek-si F and proceeds from the voluntary auction process to Pyeongtaek-gu District Court G, it had decided to mislead bidders to believe that the bid participants should accept the amount equivalent to the amount of the construction cost by reporting the false lien.

1. On February 18, 2014, the Defendants’ co-principals of the Defendants are in the Suwon District Court’s Eunpyeong Housing Site. The facts are as follows: Defendant B only delivered KRW 200 million to Defendant A in order to purchase part of the above multi-household housing; Defendant B did not have the right of retention because it did not have any construction work of KRW 200 million on the above real estate and possession thereof; Defendant B did not pay the construction price of KRW 200 million to Defendant B, and Defendant B did not exercise the right of retention. However, the written indictment of the right of retention stating the false statement that Defendant B would exercise the right of retention was written in the written indictment of the right of retention, but

2. The same shall also apply to the entry in paragraph (1).

The report was prepared and submitted to the public official in charge.

As a result, the Defendants conspired to report false lien in the real estate auction procedure, thereby harming the fairness of auction by fraudulent means.

2. On February 21, 2014, Defendant A’s sole criminal defendant filed a report on the right of retention with the false statement that Defendant A would exercise the right of retention on the said real estate due to Defendant A’s failure to pay the construction cost of KRW 180 million to E, even though the said real estate did not have any possession of the construction cost of KRW 180 million on the said real estate, and Defendant A filed a report on the right of retention with the public official in charge, stating that E would exercise the right of retention.

Accordingly, the defendant reported false lien in the real estate auction procedure, thereby harming the fairness of auction by fraudulent means.

Summary of Evidence

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