Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, from the date this judgment becomes final.

Punishment of the crime

Defendant

B is the representative director of the E, and the defendant A is the actual representative director of the F (State).

The Defendants conducted the construction and sale of the G Apartment in Gyeong-dong, Gyeong-dong, Gyeong-dong, Gyeong-dong as the executor and the F (State) as the contractor.

On June 2009, the Defendants had a debt equivalent to KRW 556 million on the main electrical engineer, who is a subcontractor, and failed to pay that debt, the said main electrical engineer was placed in the situation where the said main electrical engineer would take legal measures, such as provisional attachment, against the said apartment.

In addition, the Defendants did not conclude the sales contract and receive the down payment when the apartment is completed due to the shortage of the construction cost of the above apartment, and did not notify the buyer of the completion, and set up the collateral on the apartment sold in lots, and received the money from the financial institution to proceed with the apartment construction and sales business.

However, if a business is conducted in such a way, it is possible to proceed with the auction procedure without cancelling the right to collateral security established by the financial institution which has taken legal measures such as provisional seizure or loaned money on the apartment in which the creditor has concluded the contract for sale of the apartment.

Nevertheless, the Defendants concealed these facts and, at the 504 unit sales office of the Hanam-dong, Hanam-gun, Hanam-gun, Hahnam-gun, on June 11, 2009, the victim H and the above apartment unit of 101 Dong 902 unit of the apartment unit of this case.

(1) The Defendants entered into a contract to sell KRW 134 million and received KRW 134,440,000 from the Suwon-gun Fisheries Cooperatives (hereinafter referred to as the “FF”) on June 25, 2009, as originally planned, a deposit passbook (Account Number: I) in the name of the said State E. The Defendants were transferred KRW 13,444,00 as down payment. Afterward, the Defendants established a maximum amount of 100,000 won on the instant apartment on June 25, 2009, and borrowed KRW 70,000,00

Nevertheless, the Defendants did not inform the above victims of this fact and provided any security.