Defendant

A Imprisonment of eight months, Defendant B, C, G, and H are punished by a fine of three million won, and Defendant D, E, and F are punished by a fine of two million won.

Punishment of the crime

[2016 Highest 197] Defendants A related to the Defendants are the husband of L, who is the owner of K land and its ground building (hereinafter “instant real estate”) in Leecheon-si, the husband of L, the Defendant C, the children of Defendant A, the Defendant D, the Defendant E, and the Defendant F, the relatives of each Defendant C, and the Defendant B, the Protocol of Defendant A.

On April 22, 2009, Defendant A borrowed KRW 150 million from M from Apr. 22, 2009, and on the same day, Defendant A created the right to collateral security of KRW 195 million on the instant real estate in order to secure the said obligation to M.

Since then, Defendant A repaid the above debt to M, but around March 3, 2010, Defendant A again borrowed KRW 150 million from M from M, thereby maintaining the above collateral security in order to secure the above debt.

M on February 21, 2014, Defendant A’s failure to repay the above debt, applied for a voluntary auction of the instant real estate to the branch court of Suwon District Court located in 21-12 at the time of inn, Suwon District Court, which was located in 21-12. On February 24, 201, Defendant A received a decision (N) from the above court to commence an auction of the instant real estate.

Criminal facts

Defendant

A appears to have been applying for a voluntary auction of the instant real estate as above at the end of January 2014, M. The real estate of this case is sold at the auction price, including M M, the mortgagee of the right to collateral security, including EF (the maximum amount of KRW 182 million) and O (the maximum amount of KRW 250,000,000) and other creditors, and the proceeds of the auction are anticipated to be difficult to recover the remaining dividends, and entered into a false lease agreement on the instant building with Defendant D, E, and Defendant F, upon request of the Defendant C and other creditors, with which it is anticipated that it would be difficult to collect the remaining dividends, and after having them file an application for a dividend of the small amount of lease deposit with the above court, i.e., a public offering to receive dividends from the right to preferential repayment.