beta
Text
Defendants shall be punished by imprisonment for eight months.
However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.
Reasons
Criminal facts
Some of the facts charged were corrected.
From November 6, 2015 to November 17, 2016, the Defendants borrowed a total of KRW 295 million from the victim F in four times from the victim F to the Hongcheon-gun G site and its ground, H site, and its ground buildings owned by Defendant B, around March 25, 2016, the Defendants established a right to collateral security in the victim’s future on and around March 25, 2016, after cancelling the said right to collateral security on and around the same day, and setting the maximum debt amount of KRW 30 million in the victim’s future on and around the same day on the Internet site and its ground buildings owned by Defendant B.
On May 4, 2017, the Defendants agreed to the effect that the victim and the victim agreed to “E, by cancelling the right to collateral security set forth in the above I, by June 10, 2017, the victim would create a new and the second priority collective security right in the Hancheon-gun M, Hancheon-gun M, N, and the building on each site and its ground, which is the site for the above loan, as collateral for the victim’s debt until June 10, 2017.” Accordingly, since the collective security right in the name of the victim on the above I site and its ground was cancelled on the same day, the Defendants, who are the parties to the above agreement, had the duty to complete the registration of the establishment of a collateral security right in the victim’s future with respect to the above M & N site and its ground buildings.
Nevertheless, the Defendants conspired in violation of the aforementioned duties and received a loan of KRW 300 million from the corporation around June 20, 2017, and caused damages equivalent to the same amount to the victims by acquiring the amount of property benefits by completing the registration of the establishment of the second priority mortgage over the corporation, the maximum debt amount of KRW 360,000,000,000 from the corporation.
(i) the evidence;