Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On May 22, 2012, the Defendant entered into a contract on the transfer of a non-registered building (hereinafter “instant building”) with the victim’s annual credit cooperative office located in Seodaemun-gu Seoul Metropolitan Government as collateral by the time the principal and interest on the loan is fully paid, and issued to the victim a certificate of transfer of the non-registered building (17% added to the condition of lump-sum repayment, change interest rate, and interest delay until May 22, 2017). On the same day, the Defendant entered into a contract on the transfer of a non-registered building of the former B without permission (6m2, hereinafter “the instant building”) with the same ground that he/she owns until the principal and interest on the loan is fully paid, and “where it is necessary to preserve the building to provide it as additional security, he/she shall obtain prior consent from him/her, and will not transfer it to another person.” The Defendant was obligated to lend the unregistered building to the victim as of August 22, 2013.

Therefore, the Defendant had a duty to preserve the instant building that is the object of the transfer security right for the victim until the full repayment of the loan in order to achieve the purpose of the transfer security right.

Nevertheless, the defendant violated the above duties and was engaged in ordinary monetary transactions at his office located in the above C around August 23, 2013.

D arbitrarily transferring the instant building to D, taking economic benefits equivalent to the market value of the building, and the victim suffered a loss equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (E statement)

1. Application of Acts and subordinate statutes to the F and D public prosecutor's statement protocol (including accompanying documents);

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;