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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around September 9, 2011, the Defendant: (a) succeeded to the name of the owner of the building of Down, constructed on the ground of the Republic of Korea, in the name of the Defendant; (b) succeeded to the obligation to pay the construction cost related to the construction of Down; (c) around March 5, 2012, the Defendant completed the construction of Down with G Post, located in F, in front of the G Post, and had 425 million won as the claim for the construction cost, and paid KRW 425 million to the victim I by March 15, 2012, which was the completion date of Down, until March 15, 2012; (d) KRW 425 million as the claim amount of the construction payment; and (e) KRW 425 billion as the claim amount of the construction payment; and (e) KRW 300,500,000,0000,000,0000,000 won as the claim amount of the construction payment; and (c) KRW 3.5,5,003 million.
Therefore, the Defendant’s duty of care as a good manager until March 15, 2012, as seen above, to manage the above DB-203, 301, and 302, and to transfer the ownership of DB-203, 301, and 302 to the victim if the above DB-203, 302 cannot be paid by the payment due date.
Nevertheless, on May 21, 2012, the Defendant violated the above duties, and completed the registration of ownership transfer to L with respect to the above D loan Nos. 203, which was the registration of ownership transfer in the name of K, the Defendant’s wife at the JJ registry located in the Republic of Korea, and completed the registration of ownership transfer to M with respect to the above D loan Nos. 301, 302, which was the registration of ownership preservation in the name of the above K.
As a result, the Defendant acquired the financial benefits equivalent to 45 million won in total from the market price of 203, 301, and 302 of the above D Borrowing, and the victim suffered financial damages equivalent to the same amount.