Defendant

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

However, for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A is the representative director of the Dispute Resolution Co., Ltd., and Defendant B is the executive director of the Dispute Resolution Co., Ltd.

The Defendants: (a) borrowed 4.5 billion won from E Bank in order to repay debts borrowed in the course of construction of the building of the building of the building of the building of Ulsan-gun, Ulsan-gun; and (b) offered as collateral the above D building F, which is owned by the Dispute Resolution Co., Ltd.

On June 13, 2016, the Defendants entered into a sales contract with the victim H to sell in KRW 145,760,874, the total sale price of D building F, which is owned by the Ulsan-gun Office of Sales in Ulsan-gun, Ulsan-gun, for a total purchase price of KRW 145,760,874, and received KRW 66,802,00 from the victim for the same day as the down payment and the intermediate payment under the said contract. Therefore, the Defendants had a duty to implement the procedures for the registration of ownership transfer for D building F.

On December 6, 2016, the Defendants filed an application for a loan of KRW 4.5 billion with E Bank at a place where the address is unknown, in violation of the aforementioned duties, and completed the registration of ownership transfer based on trust with respect to the above D Building F to G Co., Ltd. for the purpose of security.

As a result, the Defendants conspired to obtain property benefits equivalent to KRW 145,760,874, which is the sale price of the D Building F from the above E bank, and caused property damage equivalent to the same amount to the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Each report on investigation;

1. Copy of each contract for sale in lots, cash storage certificate, promise, and transfer statement;

1. Application of Acts and subordinate statutes to a loan account statement and all registered matters;

1. Defendants: Articles 356, 355 (2) and 30 of the Criminal Act (Appointment of Imprisonment with prison labor), applicable to the relevant criminal facts and the choice of punishment;

1. Defendants under a suspended sentence: Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for a suspended sentence”), respectively, taking into account the favorable circumstances for the Defendants

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Probation and community service order Defendant B: The reason for sentencing under Article 62-2 of the Criminal Act is the same.