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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the actual owner who establishes and operates the above company as the chairperson of C Co., Ltd. (hereinafter referred to as the "C").
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) is an executor of a business (hereinafter “instant business”) that operates or sells a sports center by constructing a building with the first floor and the fifth floor above the ground (hereinafter “instant building”) on the E, 19,813 square meters (hereinafter “instant land”). On July 15, 2005, Co., Ltd. purchased the instant land from the wall and completed the registration of ownership transfer on the said land on June 22, 2006.
B. On June 21, 2006, D, New Construction Co., Ltd. (hereinafter “New Construction”), KB Real Estate Trust Co., Ltd. (hereinafter “KB Real Estate Trust”), and Korea Investment Securities Co., Ltd. (hereinafter “Korea Investment Securities Co., Ltd. entered into a business agreement with D and borrower, new construction contractor, KB Real Estate Trust, and Korean Investment Securities Co., Ltd. to carry out the instant project with the lender. On June 21, 2006, D, including the new construction of the instant building, agreed to bear all of the costs necessary for the instant project, including the new construction of the instant building, was entrusted with the instant land to the KB Real Estate Trust, and completed the sale management trust agreement to additionally trust upon completion of the instant building. On the same day, D completed the registration under the name of KB Real Estate Trust.
C. D, on November 10, 2006, had D as the owner of the instant building and had D as the owner of the building. Around February 2008, the new construction of the instant building was suspended at least 34%, and the new construction of the instant building was applied for corporate rehabilitation on November 12, 2008 by the Seoul Central District Court 2008Kahap82, and was ordered to commence corporate rehabilitation procedures on December 12, 2008. On August 26, 2009, D waived the construction permission from the above court for the instant project.