Defendant

A shall be punished by imprisonment for a term of two years and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A is the representative director of H(hereinafter referred to as “H”) located in G 4th floor in Gunsan-si for the purpose of real estate development, construction, etc., and B was engaged in sales agency business and sales-related investment fund-raising business from January 201 to January 201.

Defendant

A entered into a contract on October 31, 201, in order to newly build an urban residential housing (a total of 130 households and tentatively named J with an underground 6th floor above) on the instant land on or around 31, 201, in order to enter into a contract for the sale of the instant land (the sale price of KRW 2.23 billion) with the New Real Estate Trust Co., Ltd. (hereinafter referred to as the “former Northern Bank”) with the first beneficiary (the amount of KRW 2.314 billion issued with the certificate of beneficial rights), and entered into a security trust agreement with the Jeonbuk Bank (hereinafter referred to as the “former Northern Bank”), which designated the previous beneficiary as the first beneficiary (the amount of KRW 2.314 billion issued with the certificate of beneficial rights), and paid the purchase amount of KRW 1.78 billion from the previous North Bank, and most business costs equivalent to KRW 14.5 billion were to be procured through the PF loans and sales revenues.

However, as long as the above loan amounting to KRW 1.78 billion is paid to the Jeonbuk bank and the above security trust contract is not terminated, it cannot be issued with the guarantee certificate of KF loan. Ultimately, the PF loan cannot be received. In the case of the Gunsan-si G commercial building (including the neighboring 33 households, construction from October 201 to November 201; hereinafter “G commercial building”) unsold in lots, which is held by the H in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the K in the case of the 12 households unsold in lots, there is little real value of assets, such as the establishment of a collateral security right, and there was no possibility that the loan and the construction cost related to the new commercial building were partially repaid. Therefore, even if the defendant received the money from the victim K in the name of sale agency deposit and pre-sale agreement, it is impossible to procure the new urban housing construction cost in this case.