A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On December 13, 2012, the Defendant was sentenced to imprisonment with prison labor and two months at the Busan District Court on February 15, 2013, and the said judgment was finalized on February 15, 2013.

[2012 Highest 10688] On February 29, 2005, the Defendant borrowed KRW 200 million from D as of February 25, 2007, and the Defendant’s wife borrowed KRW 50 million from D around August 25, 2007 as of March 25, 2008, but the Defendant and E failed to pay the principal after the due date. On February 23, 2010, the Defendant and E filed a complaint for fraud and compulsory execution. On April 29, 2010, the Defendant and E filed an application for a compulsory auction as to KRW 104,104, G apartment 102 on one parcel, other than Seo-gu, Busan, Busan, which is owned by E.

The defendant et al. prepared a written agreement with D to the effect that "the name of the representative of the I restaurant on the H 1st floor of Busandong-gu shall be changed to D within one month, and the above I restaurant shall be transferred as security of 250 million won in debt amount shall be transferred to the I restaurant", and the above case of complaint shall be withdrawn. On September 2010, the defendant et al. would pay 50 million won in advance and pay 2 million won in auction costs to D.

However, the defendant et al. failed to comply with the above promise and filed a second request for auction on or around November 26, 2010 for the above apartment, but around August 23, 2005, on or around April 1, 2011, the registration of ownership transfer was completed under the name of K on or around April 1, 201 on the ground of provisional registration of ownership transfer right claim established by J, and the said decision to commence compulsory auction was cancelled ex officio, thereby filing a lawsuit against the above E andJ, etc. to cancel ownership transfer registration.