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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On May 20, 2009, the Defendant was sentenced to five months of imprisonment for fraud at the Seoul Southern District Court, one year of probation, and the above judgment was finalized on May 28, 2009. On September 13, 2012, the Defendant was sentenced to four months of imprisonment with prison labor at the Incheon District Court Vice-Support for the Incheon District Court, and eight months and the above judgment became final and conclusive on January 3, 2013.
【Criminal Facts】
On February 29, 2007, the representative director E entered into a loan agreement with the National Bank of Korea to obtain 140 billion won or more from the National Bank of Korea on December 5, 2007, with respect to the new building of this case, the company D (D's investment trust asset management company under the Indirect Investment Asset Management Act is a new BNP Paris Asset Management Co., Ltd. (the former trade name before the change: ENP Asset Management Co., Ltd.) and the above Busan Bank purchased real estate in the position of the trustee company under the investment trust) to sell the land and buildings of this case on December 29, 2008.
A new BNP Paris Asset Management Co., Ltd. (hereinafter referred to as “new Paris Co., Ltd.”) paid 10 billion won out of 20 billion won of the down payment of the purchase price to D on March 18, 2009. However, around May 2009, when a excavation investigation began at the H district place in the vicinity of the new building of this case, the payment of the remainder down payment of 10 billion won of the down payment was deferred.
D On December 21, 2009, the new BNP Paris Co., Ltd. (hereinafter referred to as the “Cluco Asset Trust”) entrusted the right to sell the land and the ownership of the new building in trust. On April 5, 2010, the D entrusted the right to enter into the instant new building to the BNP Paris Co., Ltd. (hereinafter referred to as the “Cluco Asset Trust”) with the right to enter into the instant new building.
In such circumstances, E on August 13, 2010.