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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On October 28, 2010, the defendant was sentenced to imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Incheon District Court on October 28, 201, and the judgment became final and conclusive on January 29, 20
On January 25, 2010, the Defendant acquired the right to dispose of the said multi-household loan by entering into a “H new site construction site construction agreement” that is to be paid after the completion of the said loan, on the entire construction site, construction site, construction rights, and sale rights, from G Co., Ltd., which was constructing a multi-household building F with a multi-household loan on the land of Nam-gu Incheon Metropolitan City.
On the other hand, the defendant borrowed KRW 500,000 from the victim I with the maturity of three months around March 2008, but did not pay KRW 255,00,000 among them.
After that, on May 10, 2010, the Defendant entered into a sales contract with the victim to sell the above F building 201 and 203, instead of paying the unpaid debt amounting to KRW 250 million, in the sales office of the F building around May 10, 2010.
Therefore, the Defendant had a duty to implement the registration procedure for ownership transfer of F building 201 and 203 to the victim.
Nevertheless, on July 14, 2010, the Defendant violated his/her duties and transferred the right to sell 7 bonds unsold in lots, including F building 201 and 203, to G Co., Ltd., by re-transfering the right to sell the above F building 201 and 203 to G, and around July 15, 2010, the Defendant shallJ the debtor with respect to the above F building 201 and 203, the mortgagee shall be the K Association, the mortgagee shall be the collective mortgagee, the collective collective security holder shall complete the registration of the establishment of a mortgage with the maximum debt amount of KRW 156 million, and on August 15, 2010, the said F building 201 shall be sold to L around 15, 200,000 won, and the ownership transfer registration was completed in the name of L on September 10, 2010.
Accordingly, the Defendant had G Co., Ltd. purchase price of F building 201 KRW 150 million.