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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
On September 14, 2007, the Defendant was engaged in the real estate leasing and selling business as the representative director of D Co., Ltd. (hereinafter “D”) located in Kimhae-si, and completed the F building in Kimhae-si (hereinafter “instant building”).
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) had completed the instant building, but the sale of the commercial building did not take place. The Defendant was subject to severe financial pressure, such as: (a) a total of KRW 2.7 billion loan obligation to Gyeongnam Bank and Pakistan Mutual Savings Bank with the site of the instant building as security; (b) a loan obligation to neighboring investors; (c) a loan obligation to 3.3 billion to G Co., Ltd. which constructed the said commercial building (hereinafter “G”); and (d) a large amount of obligation, such as a construction payment obligation; and
Accordingly, around September 2007, the Defendant asked the ICJ of the above FIS as a collateral of the building of this case, which was known at the time of Kimhae-si, to grant a loan to the ICJ of the above FIS as a collateral of the building of this case. However, from J, the Defendant and D juristic person’s loan of the name of the Defendant and D juristic person, there is a loan limit of the same person (654 million won at the time of the completion of the commercial construction) and hearing the statement that it is difficult to grant a loan to the unsold commercial buildings after the completion of the commercial construction. The fact is that even though the above commercial building was sold in lots to the buyers, the Defendant, even though there was no actual sale contract, prepared a false sales contract and prepared a false sales contract, and
After that, the Defendant inquired J of the outstanding amount of loan available when the commercial building in this case was sold in lots, confirmed the amount of loan available compared to the appraisal value, and, as long as the amount of loan available remains as the amount equivalent to the above loan amount, prepared a false sales contract and received a loan.
However, even if the defendant receives a loan from the above credit cooperative, he is going to pressure severe funds at the time as seen above.