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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is the owner of D 1,602 square meters (hereinafter referred to as “D land”) in macro-si, E, the owner of D 1,602 square meters.
Around March 2013, the Defendant intended to sell the said D land and use it as a business fund to open the sales price, etc. However, the Defendant intended to sell the said D land for the purpose of operating the said land. However, on October 12, 2007, the Defendant: (a) filed a claim with the Defendant for mediation of sale on the condition that the Plaintiff repays the existing debt equivalent to KRW 50 million in total to F, who is a credit service provider, on the ground that the registration of the establishment of a mortgage and the registration of the creation of superficies and the creditor’s maximum debt amount is KRW 65 million; and (b) the registration of the establishment of a mortgage and the registration of the creation of superficies and the creditor’s debt amount is KRW 20 million; (c) on November 21, 2007, the registration of the establishment of a mortgage and the registration of the creation of a mortgage and the settlement of mortgage at the expense of KRW 20 million, F, while selling the said land to another person; (d) obtained the so-called “business loan” by the Defendant.
On the other hand, while finding G around April 2013, F, which is a branch of G, prepared the above "business contract" as to the above D land, and based on this, it is considered that F would receive a secured loan and prepare the actual purchase price. He recommended purchase of the above land when he/she promised to pay for himself/herself or the defendant, and G accepted it.
Accordingly, Defendant and G entered into a sales contract on April 8, 2013 to sell D land in KRW 364 million to G’s wife, and prepared a false sales contract stating the purchase amount of KRW 700 million, and F asked J to recommend the above loan to be executed by the victim so as to implement the said loan. G is the same as G.