A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant (hereinafter “B”) actually run a corporate company B (hereinafter “B”), upon request from the victim F (the former 43 years old at the time of completion of the construction of a new apartment house built on the Busan Jin-gu G at the rate of 2% per month from the date to be repaid, borrowed the total of KRW 250 million around November 12, 2012 and KRW 150 million around March 21, 2013, and then borrowed the total of KRW 197,54,500,000 from the victim F (the former 43 years old at the time of the completion of the construction of a new apartment house built on the Busan Jin-gu G at the Busan Jin-gu at the rate of 197,50,500,000 won from the victim on or around April 15, 2016).

On July 28, 2014, the Defendant: (a) paid each of the amounts of KRW 50 million on October 5, 2014, and KRW 50 million on November 5, 2014; and (b) paid each of the remainder on November 5, 2014; and (c) paid each of the amounts of the remainder on the first ground by December 25, 2014, J Apartment Co., Ltd. (hereinafter “H”) newly constructed on the first ground of J Apartment-si (hereinafter “H”) until December 25, 2014; (d) if the Defendant fails to pay KRW 50 million until October 5, 2024, the Defendant agreed to prepare a sales contract in the name of E with respect to the two-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-party written confirmation.

Since then, the Defendant failed to pay KRW 50 million to the victim until October 5, 2014, the Defendant prepared a sales contract stating that the seller in relation to J apartment K and L (hereinafter “each real estate of this case”) was M and the buyer was paid KRW 140 million in full with respect to J apartment K and L (hereinafter “each real estate of this case”) to E delegated by the victim according to the above agreement on the same day.

Accordingly, the defendant must maintain the ownership of each of the real estate of this case until he/she fully pays the principal and interest of the above loan to the victim, and shall not pay the principal and interest of the above loan to the victim.