Text
Defendant
A and B shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for one year.
However, as to the Defendants, this is against the Defendants.
Reasons
Punishment of the crime
All facts D entered into a partnership agreement with the victim E on December 26, 2006, and purchased the land of Eunpyeong-gun, G, H, I, J, K, and Gyeonggi-do (hereinafter referred to as "the above M land, etc.") with the funds of the victim, and completed the registration of ownership transfer in the name of D.
On March 17, 2012, the foregoing Dong business was terminated, and the victim filed a lawsuit against D, such as the refund of investment, with the Daejeon District Court on March 27, 2013, and on November 12, 2014, upon receiving a favorable judgment from the above court to the effect that “D shall pay the victim KRW 1,311,798,273 and its interest.” The judgment on November 29, 2014 became final and conclusive.
On January 15, 2015, the victim filed an application for a compulsory auction with respect to the above civil judgment on the land M, etc. at the Jung-gu District Court as the title to the above civil judgment and started the procedure for compulsory auction on January 15, 2015.
D In borrowing money from Defendant A and Defendant B, Defendant C, as a means of advertising the remittance of the borrowed money to the passbook in the name of passbook, and Defendant A and Defendant B, respectively, had the request for payment order against D confirmed in the name of Defendant A and Defendant B, and had the title to the payment order and had the auction of the real estate in the name of Defendant A and Defendant B, with the title to the payment order.
1. From December 2, 2011 to February 2, 2012, Defendant A and Defendant C had lent KRW 48 million to Defendant C via three occasions, subject to annual interest rate of 24%. Defendant A and Defendant C received full repayment of the principal amount of KRW 40 million and interest corresponding thereto from June 4, 2013 to June 3, 2014.
Defendant
C around May 24, 2013, Defendant A and D applied for a payment order with the amount of KRW 48 million for creditors A, debtor D, and claim amount of KRW 48 million and received dividends on the basis thereof. Around that time, Defendant A and D made a loan certificate with the amount of KRW 48 million and KRW 30% of the amount of debt and KRW 30% of the amount of debt at the time, and Defendant D in the name of Defendant A’s support with the Suwon District Court on May 24, 2013.