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1. Defendants shall be punished by a fine of KRW 3,000,000.
2. The Defendants did not pay the above fine.
Reasons
Punishment of the crime
E was engaged in real estate rental and sale business as the representative director of G Co., Ltd. (hereinafter referred to as “G”) located in 603 of the F building in Kim Sea-si, and completed the construction of the H building at Kim Sea-si (hereinafter referred to as “instant building”) around September 14, 2007.
E, despite the completion of the instant building, commercial buildings are not sufficient to sell, and the site of the instant building was secured by Gyeongnam Bank and Pakistan Mutual Savings Bank, with a total of KRW 2.7 billion loans to 2.7 billion loan obligations to the neighboring investors, loan obligations to the neighboring investors, and 3.3 billion loan obligations to Samung Construction Co., Ltd., Ltd., which constructed the instant building, and was subject to severe financial pressure by receiving demand for repayment.
Accordingly, around September 2007, E asked the above credit cooperative I, which was known to the general public in the vice-dong of the Seoul metropolitan city, to use the commercial building of this case as collateral. However, I asked I to use the loan from the name of E and G corporation that there is a loan limit of the same person (654 million won at the time of the loan) in the name of E and G corporation, and hear the statement that lending is difficult for unsold commercial buildings after the completion of the commercial building. In fact, although the commercial building was sold in lots to the buyers, I would like to prepare a false sales contract and actively prepare a sales contract as if the commercial building was sold in lots to the buyers even though the above commercial building was not actually sold, they would have a high security value.
Defendant
B, as the auditor of G, Defendant A received loans from E as collateral for the commercial buildings in this case from E on September 2007 and borrowed the name.
1. Defendant B, around September 2007, upon receiving a request from the above G office to the effect that “The principal and the interest of the instant building will be repaid in a normal condition after preparing a sales contract as if the instant building was sold in lots by four, and receiving a loan from the community credit cooperatives for the balance of the sales in lots,” and then, at that time, the Defendant gave consent thereto.