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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Dissenting Facts (Agreement between Victims E and F)] The victim E entered into an agreement with the F on June 28, 2012 that “F shall bear the additional cost required for the above H development project, but shall pay 140% of the amount invested to the F in the future,” and the following year:
7. 13. Around 13.m., from the Defendant introduced through F, the Defendant borrowed a shortage of 470 million won as stated in the following criminal facts.
Around March 18, 2013, the victim and F made an agreement with the main content that “The ownership of 29 parcel, such as Chungcheong-gun G, Chungcheongnam-gun, the site for the said H development project, shall be transferred to F, and the existing expenses and interest shall be borne by F.”
[2] On July 16, 2012, the Defendant: (a) determined and lent KRW 470 million to the victim as interest 3% per month; (b) due date of repayment; (c) January 13, 2013; and (d) joint guarantor F; and (c) prepared a fair certificate of monetary consumption lending and lending agreement on the second floor of the building in the Hong-gun, Hongsung-gun, Hongsung-gun; (d) on the same day, the Defendant was established a collateral security right equivalent to KRW 80 million for claims against the victim regarding nine parcels of real estate, such as Hongsung-gun and Hong-gun, Chungcheongnam-gun, Hongsung-gun; and (e) on the same day, the maximum amount of claims against the victim regarding nine parcels of real estate owned by the victim.
After that, on February 7, 2013, the Defendant received a request from F to cancel the right to collateral security on the land of Hongsung-gun, Hongsung-gun, and consented thereto on the 8th day of the same month to repay the above loan amount, and upon receiving F’s repayment of KRW 350 million out of the above loan, the Defendant paid the remainder of the loan amounting to KRW 120 million from F, the issuer’s representative director F, the date of issuance, February 8, 2013; and on March 8, 2013, the date of payment, KRW 120 million as of March 8, 2013.