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Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
[Basic Facts] C Co., Ltd. (hereinafter “C”) had experienced financial difficulties while carrying out the construction of apartment units on D 48,459 square meters (hereinafter “the instant site”) at Sinpo City. On the other hand, when creditors E et al. applied for compulsory auction on the said apartment units and site based on the original copy of the payment order against C, and received a decision to commence compulsory auction on April 3, 2012 (hereinafter “instant auction procedure”), and G Co., Ltd, a creditor of C et al. applied for compulsory auction on the said apartment site on April 23, 2012 (hereinafter “instant auction procedure”). Meanwhile, on the other hand, the head of the Gwangju tax office, on April 24, 2012, issued the public auction notice by requesting the Korea Asset Management Corporation to sell the said apartment site on April 1, 2012 (hereinafter “instant auction procedure”). On the other hand, on April 21, 2012, G Co., Ltd., a creditor of C applied for compulsory auction on the instant apartment site.
[Criminal facts] Defendant A is K representative director, and Defendant B is not an attorney-at-law as representative director of L corporation.
The Defendants proposed, around June 27, 2012, N Co., Ltd. N (hereinafter referred to as “N”) in the office located in Sinpo-si, Nam (hereinafter referred to as “N”), that “N’s representative director will cancel the instant one auction procedure for the instant site and help N receive a successful bid for the instant site through the instant public auction procedure,” and concluded a contract for promoting N and P collective housing development projects in the name of K Co., Ltd. on the same day, and L Co., Ltd. will jointly and severally guarantee the above contractual obligations of K Co., Ltd., and in accordance with the above service contract, K Co., Ltd will suspend and suspend the auction of the existing project proprietor for the instant site.