Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

, however, for two years from the date this judgment became final and conclusive.

Punishment of the crime

Defendant

A is a tenant of Sungnam-gu Seoul Metropolitan City C Apartment 306, 705 (hereinafter “instant apartment”), and Defendant B is an actual owner of the said apartment, and the Defendants are the geographical owner of the said apartment.

Defendant

A around January 11, 2013, a loan of KRW 100 million was granted by the victim JBour Capital Co., Ltd. as security. Accordingly, according to the terms and conditions of the security loan agreement, the duty to continue to reside in the instant apartment and maintain opposing power under the Housing Lease Protection Act by January 10, 2015, which is the point of time when the contract for the lease of a victim was terminated.

Nevertheless, the Defendants: (a) moved from the apartment of this case to Defendant A, laid off the collateral value of the apartment; and (b) Defendant B conspired to borrow money as collateral for the real estate of this case.

Accordingly, Defendant A violated the above duties, and around January 23, 2013, Defendant A transferred the instant apartment from the instant apartment, and Defendant B provided D with the instant apartment as security around the 29th day of the same month and received additional loans of KRW 100 million.

As a result, the Defendants conspired to obtain economic benefits equivalent to KRW 100 million at the market price and caused the same amount to the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement of E;

1. A copy of the apartment charter contract and a letter of delegation;

1. Copies of each receipt;

1. A certified copy of register;

1. Copies of an application for each loan against security on a deposit basis;

1. A copy of customer registration certificate;

1. A copy of a contract establishing a right of pledge;

1. A certified copy or an abstract of resident registration;

1. A certificate of inspection by transferred households;

1. Details of inspection by occupying households (including persons living together);

1. Application of Acts and subordinate statutes confirming receipt of loans;

1. Article 355 (2) and (1) of the Criminal Act, Articles 355 (1) and 30 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 62(1) of the Criminal Code of the Republic of Korea is against the Defendants, and there is no particular criminal record and efforts to recover damage.