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Defendant
A Imprisonment for one year, and Defendant B shall be punished by a fine of 20 million won.
However, the defendant A.
Reasons
Punishment of the crime
"2015 Highest 955"
1. Defendant A is the actual operator of Company E.
Defendant
A is going to undertake construction of a new multi-household house (G) located in the former Northern-gun, North Korea, under a contract with the owner of the building, who received the said multi-household 301 and 302 from the owner of the building to obtain a loan from the bank as collateral. However, the victim Hacheon-mixed Co., Ltd. (hereinafter “Macheon-si”) against the said owner, the creditor of the said owner, was subject to a provisional attachment order of 202, 301, 302, and 402 against the above multi-household 202, 202, 302, and 402 of the Seoul District Court, around March 27, 2013, by taking into account the provisional attachment order of the real estate No. 174, the provisional attachment (the claimed amount of KRW 25,652,00, hereinafter “the provisional attachment of the instant real estate”).
At around 12:00 on April 26, 2013, Defendant A made a false statement to the employees J of the victim’s house Ham-gun located in the Imjom-gun, and the said employees “Imk-gun will receive security loans from the bank on the face of the State, and repay 33:0,000 won in cash.”
However, Defendant A had to create a tax amount equivalent to KRW 130 million (corporate tax, value added tax, etc.) in excess of KRW 100 million in order to receive the amount of a separate construction work carried out by Co., Ltd. at the time. Since the amount of debt to be urgently resolved, such as the settlement of promissory notes equivalent to KRW 50 million at a face value, there was considerable amount of debt to be urgently resolved, Defendant A had no intent or ability to pay KRW 30 million to the victim’s house ready-mixed even if the loan was made through the cancellation of provisional seizure.
After all, Defendant A deceiving J as above and caused the J to cancel the provisional seizure of the instant real estate in the name of the injured party's rooftop Hacheon-do. On the same day, Defendant A acquired pecuniary benefits equivalent to the above claim amount.
"2015 Highest 2300" 2.3