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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
"2014 Highest 2671"
1. The Defendant against C is a person who operates E (RepresentativeF) a wholesale and retail company, Inc., Ltd., with computerized expendable items located in Daejeon-gu D 302.
Defendant Company (hereinafter “Defendant Company”) was entrusted to Defendant Company C (hereinafter “victim”) to sell and purchase the said H land at the instant coffee shop located in the Jung-gu Seoul Jung-gu, Jung-gu, Seoul, with the delegation of sale to the Plaintiff Company C (hereinafter “Defendant Company”), while trading the said H land from around August 2012, 201 after receiving the supply of computerized expendable goods from Company G from around 2012. Defendant Company was demanded to offer collateral from Defendant Company G on September 2012.
I would like to purchase the above H land later if I would establish a right to collateral security with respect to the above H land as a person with the lower right to collateral security against G Co., Ltd.
After that, around September 13, 2012, at K office operated by the above I in Gangnam-gu Seoul High Court, I and E concluded a real estate sales contract with the victim company to purchase the above H land for KRW 800 million.
The contents of the real estate sales contract are as follows: (a) if the victim company set up a security of the maximum amount of KRW 300 million for the above H land from the victim company, the company E succeeds to the debt amount of KRW 250 million for the bank in which the above H land was provided as security until September 28, 2012, and KRW 1.50 million for the victim company until October 5, 2012; and (b) if the victim company establishes a collateral security of KRW 700 million for the above H land from October 10, 2012, in addition to the right to collateral security of KRW 100 million for each ten days for the victim company, the company E additionally pays KRW 40 million for the total amount of KRW 10 million for the purchase price to the victim company; and (c) the remaining amount of KRW 250 million for the loan amount of KRW 250 million for the bank in which the above H land was provided as security, as above, the ownership of the above land E.