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Defendants shall be punished by imprisonment for one year.
However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.
Reasons
Punishment of the crime
Defendant
A as an internal director of a corporation C (hereinafter referred to as “C”) in charge of the selection of a contractor and the PF loan affairs related to the D business, and Defendant B as a representative attorney of the law firm E, was employed as a F legal adviser.
A representative director of G (hereinafter referred to as “G”) signed a business agreement with king-si and D, and promoted the instant business site purchase by acquiring a special purpose corporation C and obtaining a PF loan in the name of the instant company in accordance with the advice of Defendant B, who was the F adviser at the time of seeking the resumption of the instant business. Around March 25, 201, H had the instant business site transferred ownership to F, etc., who borrowed funds for purchasing the instant business site due to the shortage of funds. Around March 25, 2011, H, upon seeking the resumption of the instant business, promoted the instant business site purchase by acquiring the FF loan in the name of the instant company by acquiring the instant special purpose corporation C according to the advice of Defendant B, who was the F adviser-at-Law.
Defendants and H agreed to borrow funds of KRW 1.65 billion, including down payment, KRW 1.5 billion, and KRW 2 billion, including stamp and registration tax, necessary to obtain a PE loan of KRW 2.5 billion for the re-purchase of the instant project site. H agreed to obtain funds of KRW 1 billion from the victim J Co., Ltd. (hereinafter “victim Co., Ltd.”) selected as the project commencement company of the instant case (hereinafter “victim Co., Ltd.”) in the name of C around March 29, 2012.
1. On March 29, 2012, Defendants B’ co-principals deposited the funds of KRW 1 billion provided by the victim company at K Law Firm E office located in Jung-gu Seoul Metropolitan Government, and H deposited the funds of KRW 750 million among them, and kept the F passbook and the withdrawal card in the name of C, which remains in the amount of KRW 750 million.
Defendant
A knowing that Defendant B will use KRW 100 million out of the above funds for the purpose unrelated to the re-purchase of the project site of this case, he knew the password of the above passbook to Defendant B as necessary for the withdrawal of the down payment of the project site of this case.