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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
The defendant is a person who actually operates the interest of the representative director B, and the victim C is a person who lends the business fund to the defendant in relation to the real estate development project of the defendant.
On July 29, 2016, the Defendant drafted a fair certificate with the content that the Defendant or B would allow the victim to repay to the victim by August 3, 2016 and, if not, to recognize compulsory execution.
However, on August 3, 2016, the Defendant did not repay the above debt until August 3, 2016, and on August 18, 2016, the victim filed a compulsory application for auction of the above real estate owned by the Corporation B, Busan District Court E on the same day.
In light of the above circumstances, the defendant prepared money to withdraw a compulsory request for auction to the victim and had the victim repay the above KRW 1.2 billion at a prompt time, and had the victim receive a compulsory request for auction from the injured party. On March 2017, the defendant would pay the victim KRW 200 million in cash within one week from the date of withdrawal of the compulsory request for auction of the above real estate at the office of "H certified tax accountant" in the FF building G G of Busan Shipping Daegu (FF) of Busan Metropolitan City around March 2017, the defendant would pay the victim KRW 1.2 billion in cash upon receipt of the sale price.
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However, in fact, even if the registration of the decision to commence the compulsory auction of the above real estate was cancelled and the proceeds for sale are received from several parties, the funds could not be paid to the defendant's victim at will because the funds were operated by the trust-based I corporation. Since the accrued construction costs and various debts related to the above real estate were more than 3 billion won, the money that the defendant would receive until he fully pays the above debts even if he received the proceeds for sale.