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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Around March 10, 2014, the Defendant entered into a real estate sales contract with B (Representative Director C, D) and Chungcheongnam-gun E land in Chungcheongnam-gun, Chungcheong-gun, and acquired ownership by completing the registration of ownership transfer of the above land on or around March 20, 2014. Since the above building was under construction, the Defendant acquired ownership by changing the name of the owner.
On the other hand, the company B purchased the above land from F on April 2012 and decided to take over the right of collateral established by F to G association. On December 2012, 2012, upon receiving additional loans from G association for the construction of the above building, the company agreed to set up the right of collateral to G association upon completion of the construction of the above building.
Around May 8, 2014, the Defendant: (a) at the G Association located in Seo-gu H and I, Seo-gu, Chungcheongnam-gu; (b) around May 8, 2014, in order to change the name of the owner in order to establish a collateral security right on the above building; (c) as such, the consent of the G Association is required to change the name of the owner; (d) the Defendant changed the name of the owner; and (e) if the said building was completed and the registration of preservation of ownership has been completed, the Defendant prepared an additional collateral security contract for the establishment of a collateral security right to the G Association; and (e) on January 15, 2015, the said building was completed and the registration of preservation of ownership
After that, on August 2015, G Union transferred claims against Co., Ltd. and the right to collateral security on the above land and buildings to the victim K. On August 12, 2015, the victim notified the defendant of the assignment of claims and the right to collateral security on the above building in the first order to the victim.
Nevertheless, the Defendant violated the above duties and did not have a debt to the Defendant, the mortgagee L, the maximum debt amount, 750 million won, around August 25, 2015.