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A defendant shall be punished by imprisonment for four years.
The defendant shall obtain money from the applicant for compensation 830 million won and shall do so on 2014.
Reasons
Criminal facts
The defendant works as the representative director of E, a corporation established for the purpose of housing development project, etc. from August 3, 2006.
When the Defendant came to know of the fact that the victim D was trying to build a freezing warehouse in Pyeongtaek-si Fel which is owned by the victim, the Defendant sought the victim, stating that “If he was entrusted with the construction of the freezing warehouse in the present progress, he would make every effort to dispose of the damages and complete the construction within three months, and the victim would make a profit by completing the construction within three months.” On June 9, 2010, the Defendant and the victim came to promote the project by preparing a project implementation contract.
On February 21, 2011, the Defendant: “Around February 21, 2011, the Defendant: (a) provided the victim with a loan of KRW 1.3 billion to the victim’s land as security; (b) provided the victim with a loan of KRW 1.3 billion to the victim’s previous loan of KRW 1.3 billion; and (c) provided the victim with a loan of KRW 1.3 billion from Pyeongtaek-si Agricultural Co., Ltd. as security of the victim’s land, such as Pyeongtaek-si; and (d) received a loan of KRW 1.3 billion from the victim to the Agricultural Cooperative account (Account Number I) in the name of H school used by the Defendant as construction cost.
On May 31, 2011, the Defendant continued to provide the victim with the 600 million won of the loan under the name of H school by allowing the victim to provide the land owned by the victim to K as a bond company, and allowing the victim to borrow KRW 800 million. On June 1, 2011, the Defendant sent KRW 600 million out of the loan to L Co., Ltd (hereinafter “L”) under the name of the construction cost under the name of L Co., Ltd. (hereinafter “L”) without knowledge of the fact. The Defendant transferred KRW 580 million out of the 600 million of the 600 million amount remitted to L’s director M in the name of the victim to the account in the name of H school.