A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On April 12, 201, the Defendant: (a) provided the Defendant’s name and 1 billion won, as security at a Yan-gun, Chungcheongnam-gun, and two parcels of land in the name of the Defendant at a Yacheon-gun, Chungcheongnam-gun, and (b) provided a loan to the Defendant; and (c) submitted a letter of waiver of lien and on-site inspection to waive the Defendant’s exercise of any lien related to the Defendant’s new construction works at the Yacheon-gun, Seocheon-

Nevertheless, the defendant's failure to repay his/her debt to the above Seoul Livestock Industry Cooperatives, and the defendant filed an application for auction to the above Chungcheongnam-gun and two parcels, the collateral, in the said Livestock Industry Cooperatives, the defendant filed a false lien as if he/she had a claim for the construction cost of KRW 700 million related to D New Construction, which was 4-23, Seosan-si, Seosan-si, the collateral, around October 23, 2014.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Waiver of lien and on-site explanation, detailed details of search for auction cases, application of Acts and subordinate statutes to a report on right to retention;

1. Article 315 of the Criminal Act applicable to the facts constituting an offense and Article 315 of the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than two years;

2. Application of the sentencing criteria;

(a) Determinations of types: Crimes interfering with business, interference with bidding, and one type (Interference with general auction);

B. There is no special sentencing factor:

(c) Scope of recommendations: Basic area, six months to one year; and

3. Determination of sentence: Imprisonment with prison labor for six months, the stay of execution for two years [ favorable circumstances], the fact that there has been no actual benefit from the crime (any unfavorable circumstances] that has already been abandoned, but in the auction procedure, there has been any false effect on the adequate formation of prices by reporting a large amount of lien in a false way in the auction procedure, thereby impairing fairness in the auction procedure, and that it is a crime committed during the period during which the crime is suspended; and