A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant is the representative director of the B farming association established on April 6, 2006, who actually operated the above legal entity, and B farming association has used the building D and 20 lots of ground buildings from March 2014, which were owned by C and owned by C, as the office.

On November 12, 2012, C created the right to collateral security of KRW 910 million with the maximum debt amount, while borrowing KRW 700 million from E Union around July 28, 2014, the right to collateral security of KRW 500 million with the maximum debt amount, and the right to collateral security of KRW 650 million with the F Union on the same day.

However, on May 4, 2017, Co., Ltd. failed to repay the above debt, and the E-Union filed an application for voluntary auction of the above land and building (Seoul District Court G).

Around May 29, 2017, the Defendant filed a lien right report under the name of the Gwangju District Court, stating that “In relation to the case of voluntary auction application for the G real estate auction, the said right reporter will report his/her right to the lien right under the name of B, because he/she did not receive KRW 758,00,000 for the construction cost of the said building because he/she did not receive KRW 758,00,00 for the construction cost of the said building since he/she did not own the building as the construction cost of the said building.”

However, the facts are that the farming association corporation did not carry out the construction work such as renovation and repair as stated in the above report, and it did not hold a claim for construction cost against the corporation C.

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

Summary of Evidence

1. A complaint, each certified transcript of corporate register, each certified copy of the name card, each land registry, a certified copy of a building register, a building register, a search for auction cases, a report on the right of retention, and a report on the right of retention;