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Defendants shall be punished by imprisonment for one year.
However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.
Reasons
Punishment of the crime
1. On December 5, 2007, P Co., Ltd. holding the right to implement an urban environment rearrangement project (new construction of business facilities on the underground 6th or upper 23th floor) in Jongno-gu Seoul N Group, entered into a loan agreement with the National Bank of Korea to obtain a 140 billion won PF loan from the National Bank with respect to the new construction of the above business facilities (hereinafter “new building in this case”, and at the completion stage, Q) and entered into a contract with the Busan Bank to sell the land and buildings of the new building in this case on December 29, 2008.
[The Busan Bank paid KRW 10 billion out of the down payment of KRW 20 billion to P on March 2009, while a cultural heritage excavation investigation was commenced at the first district office of the newly constructed new building site of this case on May 2009, and then the rest of the down payment KRW 10 billion was suspended due to the long-term excavation investigation and the construction of the new site of the new building of this case, and thus, the company becomes a party to the sales contract under the provisions of the Act on Business of Operating Indirect Investment and Assets, which provided that the company entrusted the trustee with the custody and management of the investment trust property. Accordingly, the actual purchaser of the new building of this case paid KRW 10 billion out of the down payment of KRW 20 billion to the new building of this case at the first district office of the newly constructed new building of this case. P reservedd the payment of KRW 10 billion for the remainder of the down payment of KRW 10 billion to the new building of this case on the first district office of the new building of this case.
On the other hand, the above national bank, the PF lending bank, is from P at the time of the loan agreement on the ground of the violation of PF lending agreement.