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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 became final and conclusive.
Reasons
Punishment of the crime
The Defendant is “B” operator, and C is the actual operator of “B” corporation that processes and distributes livestock products.
Around May 2016, the Defendant wishes to establish a plant institute, pent, outdoor performance hall, theme park, restaurant, and medical care center, etc. (hereinafter “instant land”). To this end, the Defendant wishes to purchase the instant land outside of F of Daejeon-gu, Daejeon-gu, Seoul-gu, and 15 (hereinafter “instant land”) owned by the Party. If the purchase price of the instant land is to be fully paid, the Defendant would offer one house to the Party later and additionally pay one billion won out of the profits accrued from the business.On May 24, 2016, the Defendant concluded a land sales contract with the victim for the instant land at KRW 4.6 billion, and the KRW 1.8 billion, out of the purchase price, the Defendant acquired the remainder of the obligation of KRW 1.8 billion borrowed by the victim as collateral, and the remaining KRW 1.8 billion, May 3, 2016, KRW 2000,0000,000,000,000.
6.15. The 30th of the same month, the same year.
7.30.30. The same year
8. 30. 10 million won each, the same year.
9. The Plaintiff agreed to pay KRW 150 million, KRW 30 million around November of the same year, and KRW 1.8 billion around December 27, 2017. On the other hand, the Plaintiff would pay the purchase price of the instant land on the ground that the purchase price of the instant land is insufficient. The Defendant created the instant land by obtaining documents necessary for the establishment of the right to collateral security from the victim on May 25, 2016, upon receiving the documents necessary for the establishment of the right to collateral security from the victim, with regard to the instant land on May 25, 2016.
However, at the time of fact, the Defendant, even if establishing the instant right to collateral security, intended to take over the said KRW 1.8 billion liability or pay the said KRW 2.8 billion according to the sales contract for the instant land.