공전자기록등불실기재등
1. Defendant A shall be punished by imprisonment with prison labor for one year;
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
[Basic Facts] Defendant B is the husband of a de facto marital relationship with D.
Defendant
A and Defendant C are children of D.
Defendant
B and D purchased the land of the E branch in Dong-gu around August 17, 2006 from Defendant F in the name of Defendant A, and the construction and operation of a golf practice hall shall be conducted, and the registration of transfer of ownership on September 5, 2006 was completed for the 12 parcels among them, but the registration of transfer of ownership was not completed for Dong-gu G and H land (hereinafter “the instant land”).
Since then on March 13, 2007, Defendant A, Defendant B, and D newly built a golf practice course in the above land under the name of Defendant A, and thereafter operated a golf practice course with the trade name called “I” as the representative of Defendant A from around that time.
Defendant
A, Defendant B, and D had a large amount of debt by receiving a loan from or borrowing money from a financial institution in the name of Defendant A or D in the course of constructing a golf practice site building after purchasing such land.
D around August 24, 2007, around October 31, 2008, borrowed 290 million won as the repayment date from J on October 31, 2008. Defendant A and Defendant B provided joint and several sureties for the above obligation.
However, D failed to repay the above money on the payment date. On February 16, 2010, J received a seizure and collection order for Defendant A’s credit card sales claim, and around August 5, 2010, collected KRW 5,300,000 out of the amount of the claim upon Defendant B’s receipt of a seizure and collection order for Defendant B’s credit card sales claim, and did not receive any distribution in the auction procedure for real estate owned by D or Defendant A, such as golf practice hall.
[2] On April 2012, Defendant A and Defendant B found the fact that the registration of ownership transfer was not completed even though they paid F the purchase price to the instant land, and they filed a lawsuit against the deceased F’s heir.