Defendants are not guilty.

1. A summary of the facts charged is a person who registered the transfer of ownership on October 25, 2012 at the auction of the I apartment house 302 (hereinafter “building in this case”) newly constructed on the ground of the Seoul Mapo-gu Seoul Metropolitan Government F, G, and H large 620 square meters (hereinafter “instant land”) around June 2012. Defendant B is a person related to the business partner of Defendant A, and the victim J is a person who registered the transfer of ownership on September 3, 2012 upon the bid of the instant land on August 13, 2012.

After being sentenced on June 16, 201, and decided November 15, 2011, the Defendants agreed to complete the registration of establishment of a collateral security right under Defendant B’s false obligation with respect to the instant building for the purpose of evading compulsory execution against unjust gains equivalent to the land rents, and to complete the registration of establishment of a collateral security right under Defendant B’s false obligation in the name of the victim of the instant building for the purpose of evading compulsory execution against the land rents.

Therefore, on October 22, 2012, the Defendants prepared a monetary loan certificate stating that “10 million won, interest amount: 20% per annum, and the obligor A shall borrow and secure the above money from the obligee B,” and then, around the 25th day of the same month, the Defendants would incur false debt by completing the registration of establishment of the right to collateral security with the maximum amount of the claim amount of KRW 130 million, the obligor A, and the mortgagee B with respect to the instant building.

2. Determination

A. Article 327 of the Criminal Act.