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Defendants shall be punished by imprisonment for one year.
However, with respect to the defendant C, it shall be for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Facts of premise;
A. G carried out a new construction of “Itel” on the H of Gwangju Mine-gu, and the construction was interrupted due to lack of funds, etc., and the construction company exercised a lien on the instant officetel building under construction.
B. Defendant A is a person operating the “J” selling LG electronic products. Since around 2007, Defendant A supplied household goods to the above officetel for the purpose of supplying household appliances to the above officetel, Defendant A lent money to the Jung-do Industrial Development Co., Ltd. (hereinafter “New Korea Ltd.”). Defendant B was a person engaged in the construction business, who invested more than KRW 100 million in the above officetel construction around 2006, and was in charge of the above officetel construction. Defendant C is the representative director of K Co., Ltd. (hereinafter “K”).
C. L established the Victim M Co., Ltd (hereinafter “M”) on the premise that L will complete the new construction by taking over the construction site of the relevant officetel suspended.
On March 2012, the Defendants requested K to contract the instant officetel construction with the aim to resolve the lien, etc. on the construction site of the instant officetel construction site.
E. (i) On April 13, 2012, M and K purchased the said site, and entered into a contract with K on April 13, 2012 to contract the construction of the said officetel for KRW 3 billion, and on April 2012, G and “G have changed the name of the owner of the construction of the said officetel to M. In return, M will transfer the two-story commercial buildings of the said officetel to G to M. In return, M will transfer the said officetel, and paid KRW 300 million among them to the lien holders, and paid KRW 245 million in lieu of payment of the construction price.”
She also, M on April 16, 2012, Defendant A, Defendant B, and K and “A, B, and K” with respect to the construction of the above officetels.