A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case.

Punishment of the crime

On October 5, 2010, the Defendant agreed to jointly develop the E Office, a construction company located in Songpa-gu Seoul Metropolitan Government, F of the above company’s representative, victim G and three-party land. On the land adjacent to the victim’s land and the road construction is possible, the Defendant made the same name as the owner of three lots, such as Gyeonggi-si I holding ownership in the name of his wife H, and 51 lots, such as Gyeonggi-si J (hereinafter “instant land”), owned by the victim, and then the F’s mother as the debtor, to obtain a loan from a financial institution.

At the time, the Korea Asset Management Corporation applied for a voluntary auction to the land owned by the victim at the time, and the auction procedure was in progress, so the Defendant and the victim first prepared only expenses to suspend the above auction procedure by providing the land in the name of the Defendant’s wife, and provided the bonds to the bond company as security, and then decided to repay the money borrowed from the financial institution and to jointly develop the land with the remaining funds. On October 20, 2010, the Defendant, H, and the Defendant’s name “a contract concluded on October 5, 2010 is a false contract for bank loans, and the actual transaction is not concluded, and at the time of bank loans, a new contract shall be made by mutual agreement and a business agreement shall be made.”

The Defendant completed the registration of ownership transfer from the victim around November 19, 2010 under the name of the Defendant’s wife. As such, the Defendant provided the instant land as collateral only for the purpose of suspending the auction procedure for the instant land in accordance with the terms and conditions set forth above, and for raising the expenses for the repayment of the victim’s existing obligations and the development of the instant land. The Defendant set up a collateral on the instant land.