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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Around March 10, 2015, the Defendant entered into a lease contract with the owner E to KRW 102,00,000,000,000 as a person who owns the D Building at Jin-si, Seoul (hereinafter “the instant loan”) around March 10, 2015 under the name of live-in C, and, after completing the move-in report, the Defendant sold the instant loan to G who was delegated by the said E and introduced by F.
On January 3, 2017, the Defendant: (a) sold the instant loan to G at the “I Certified Judicial Scriveners Office located in Chungcheongnam-do, Chungcheongnam-do; (b) on the condition that the purchaser succeeds to the collateral security obligation equivalent to KRW 50 million, set up in the instant loan, and is paid the remainder of KRW 15 million; (c) on the following day, the Defendant entered into a sales contract on the condition that he/she is paid the remainder of KRW 50 million; (d) he/she shall file for the registration of the transfer of ownership in the name of J, his/her father, and (e) from January 2, 2017 to January 2, 2017.
4. The payment was received 3.3 million won under the pretext of the balance until December 28.
While the Defendant urged G to succeed to a loan under a sales contract and to perform the remainder, the Defendant: (a) succeeded to the collateral security obligation set up by K on this case’s loan from G on March 2017; and (b) additionally paid the remainder upon receiving the collateral security loan; (c) it is difficult to offer the collateral security loan due to the transfer of the loan to C in this case’s tenants;
In response to the request of the purport that C will pay the balance by receiving a security loan, if C is transferred to another place, it is permitted to inform C’s resident registration number, telephone number, etc. in writing and to transfer C’s resident registration to the L’s residence which K introduced from the instant loan to the L’s residence. In order to transfer the move-in report, preparing a self-lease contract on March 27, 2017 between C and L was allowed, and thereafter, C’s resident registration was removed from the instant loan and moved-in report was made to the L’s residence.
The defendant did not comply with the G's promise even after he left the Republic of Korea with C's resident registration.