B A person shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
On September 22, 2004, Defendant B purchased the real estate outside G and eight parcels (hereinafter “instant real estate”) in the name of the limited partnership company F operated by himself, and purchased the real estate outside G on the same day in order to secure it by borrowing KRW 250,000,000 from the KMF and secure it. On the same day, Defendant B completed the registration of the establishment of the real estate in which the KMF as the mortgagee, the limited partnershipF as the debtor, and the maximum debt amount was KRW 325,00,000,000 from the above real estate. Defendant B also borrowed KRW 20,000,000 from the above real estate as the price for the above real estate and completed the registration of the establishment of the mortgage in order to secure its debt.
After that, Defendant B entered into a sales contract with H on January 7, 2008, and completed the registration of ownership transfer to H on or around January 30, 2008 (purchase in the name of H). However, Defendant B decided to take over each obligation secured by each of the above collateral security interests (i.e., Defendant A’s obligation of KRW 200,000,000 and obligation of KRW 250,000,000 to the Young Saemaul Depository (i.e., Defendant A’s obligation of KRW 200,000).
H While he did not repay each of the above obligations despite having taken over, Defendant B filed an application for auction on the basis of the right to collateral security with Defendant B’s first instanceman on May 30, 201, H loaned KRW 100,000,000 to anyone orJ on May 26, 2011 and deposited KRW 100,000,000 to the new bank account under the name of the Defendant A in the name of the Defendant at around May 26, 201, and agreed to accept the payment in lieu of the purchase price. Defendant A deposited KRW 100,000,000 out of KRW 20,000,000 from May 30, 201 to January 31, 201, again deposited KRW 10,000,000 in the name of the Defendant.
In addition, H must pay KRW 100,000,000 borrowed from J to Defendant B, so this case’s real estate is future.