A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, as a manager of a limited-liability company D, which is located in the building B C of the Goyang-dong Dong-gu Seoul Metropolitan City, was running a new construction project of F loan in the Eth of Paju-si.

The Defendant planned to construct and sell the F Lending New Project over one to eight occasions, and the Victim G entered into a contract with the Defendant to purchase the said F Lending Type No. 2 H from around June 2016 to KRW 275 million.

On July 2016, the Defendant applied for a loan to a financial institution for the third construction of “F Loan,” but the loan was refused, and the Defendant began to have difficulty in paying the construction cost for another new construction of the “F Loan,” which was in progress by the Defendant due to its influence, and around January 2017, the Defendant’s wages to the employees were not paid properly.

Accordingly, the Defendant planned to obtain a loan from the victim’s above H H H lending as collateral and planned to raise construction cost. On September 22, 2017, the Defendant concluded that, through I, “In short, there is a lack of money to repay the loan to the victim, if the Defendant borrowed the loan of KRW 190 million as collateral and borrowed the loan of KRW 190 million to the victim, it would be always repaid, and if the Defendant fails to repay the loan even after March 28, 2018, it would transfer the J land ownership in the name of the wife.”

However, around July 2017, the Defendant provided the land to K as collateral to perform the defective repair of other occupants of the above Ba, and was in arrears with the payment of construction cost of the “F loan” as stated above, or the Defendant’s employees’ wages were not paid at that time. Around that time, the Defendant was liable to pay KRW 200 million from other creditors, and the Defendant transferred the said land to K on November 30, 2017 in order to pay the above KRW 200 million to the said other creditors, so even if the said land was transferred to K, the Defendant received the said KRW 190 million from the victim.