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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
D On August 31, 2007, with respect to the land F.2, 117.2 cubic meters of the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City F.M. (hereinafter “F.”), D has set up a collateral of KRW 450,500,000,000 for the maximum debt amount, and has borrowed KRW 350,000,000 from the Korea Scid Bank (hereinafter “Japan Bank”), and has paid interest every month from that time.
D Since the death of the E on July 16, 2009, the dispute arises between G and the inheritance of the property, and H, who is G and the grandchildren, intended to prevent the ownership of the property owned by E, and had the Japanese bank file a voluntary auction on the above F site on October 13, 2010 by intentionally delaying the interest rate of KRW 20,674,06 on loans of the Japanese bank that was borrowed as security in the F.
However, when D intentionally failed to pay interest on the loans of the Japanese bank as above and the voluntary auction procedure commenced on the above F site, D's credit has declined, and thereby, D's credit has disappeared, making it impossible to conduct other financial transactions, thereby making it impossible to run properly at the time.
D As a result, repayment of KRW 375,215,736 of the principal and interest of loans received from the Japanese bank, thereby restoring its credit, and as if the defendant subrogated for the debt of the Japanese bank loan of D, G and H were willing to avoid owning the above F site.
Accordingly, around December 8, 2009, D gave the above principal and interest of 375,215,736 won to the defendant, and paid the money on behalf of the defendant, and received the registration of the right to collateral security from the Japanese bank in the name of the defendant, based on the registration of transfer of the right to collateral security in the name of the defendant, D would make D repay 375,215,736 won to the Japanese bank by filing an application for voluntary auction in the name of the defendant, and request G and H would not own the above land.
around December 9, 2009, the Defendant received 375,215,736 won from D with D at the Youngpool Branch of the above Japanese Bank.