Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant was entrusted with the authority to develop the instant forest land, etc. as a whole house by a person who owns an actual ownership of 18,91 square meters (D equity 18,482 square meters E 509 square meters), among 54,231 square meters (hereinafter “the instant forest”).
On December 27, 2012, the Defendant entered into a joint agreement with F Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) under the name of D, and entered into a joint agreement with the victim Co., Ltd. on December 28, 2012 with the victim Co., Ltd. (hereinafter referred to as “the victim Co., Ltd.”). Around December 28, 2012, the Defendant purchased all the shares of other co-owners of the instant forest in question
around May 30, 2013, the Defendant shown an agreement with the I and J on real estate transaction with H, the representative director of the victim company in the victim company office located in Jung-gu Seoul, Jung-gu, Seoul, to the joint ownership of the forest of this case as well as the agreement on real estate transaction concluded with H. The Defendant is difficult to undertake the electric source development project because the ownership of his portion out of the forest of this case is cancelled if he did not pay any balance.
A loan of KRW 470,000,000 shall be provided as security to the bank, and a loan shall be provided as security to the bank, and shall be repaid in two times after three months.
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However, at the time of the successful bid of D’s shares among the instant forest land, the amount of debt to be borne by D was KRW 1,04,000,000,000. Of the purchase price of six shares, E, J, I, K, L, and M, the amount of KRW 871,00,000,000 already paid, including the above KRW 470,000,000,000, out of the purchase price of six shares in the instant forest land, was paid as the amount borrowed from other persons. Nevertheless, the amount equivalent to KRW 1,74,00,000 for the purchase price of shares of K, L, and M equivalent to KRW 1,74,00,000 for the total area of the instant forest land was not paid, and the maximum amount of credit for the registration of mortgage establishment established in the instant forest was KRW 1,725,00,000 on May 29, 2013.