A defendant shall be punished by imprisonment for three years.

Punishment of the crime

The Defendant, “2019 Highly 45”, the Defendant, was operating the C Co., Ltd. (hereinafter “C”), the owner of the commercial building (hereinafter “the instant commercial building”), located on B and 2 lots of land in Yangyang-si, and the victim D was operating the F Co., Ltd. (hereinafter “F”) in the sixth floor of the Seoul Seocho-gu Seoul Metropolitan Government E building.

On July 31, 2006, the Defendant purchased the commercial building of this case in a voluntary auction procedure under the name of C and started the voluntary auction procedure because he was unable to repay the loans that he received as security from G on November 1, 2007.

Around July 15, 2008, the Defendant entered into an investment agreement with the victim to obtain a bid bond and to pay KRW 1.3 billion to the victim, including the amount of investment profit upon receiving a loan from the financial institution and completing a bid for the said commercial building. On July 21, 2008, the Defendant participated in an auction with the victim's bid price of KRW 251 million and bid bid price of KRW 2.5 billion. On July 28, 2008, the Defendant was decided to permit the sale of the said commercial building to H Co., Ltd., which was the highest bidder on July 28, 2008.

At the end of July 2008, the Defendant stated that “The Defendant received a successful bid from another company, and if the Defendant repaid the loan to the bank that applied for an auction with the loan, the auction may be withdrawn, and if the loan is not withdrawn, an appeal litigation may be filed. After the completion inspection, the Defendant would receive a loan from a financial right, and thus, borrowed the construction cost and an appeal litigation bond.”

However, there is no fixed income.