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A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On October 12, 2017, the Defendant was sentenced to a suspended sentence of two years on the one-year imprisonment for a violation of the Act on the Control of Narcotics, Etc. (mariju) at the Chuncheon District Court on October 2017, and the judgment became final and conclusive on October 20, 2017
【Criminal Facts】
The Defendant is a person who has been on duty in civil engineering work chain victim B Co., Ltd. (hereinafter referred to as “victim Company”).
In order to repay the Defendant’s debt amounting to KRW 134 million in total, which is KRW 34 million, and KRW 100 million, to the Defendant’s company related to the distribution of the settlement of oil payments to the victim company, the Defendant entered the “settlement agreement” between the actual operator D and the victim company (hereinafter “E Co., Ltd.”) on September 26, 2015 after September 2015, the victim company’s actual operator D and the F, who was the actual operator, around November 14 through 15, 2015. Accordingly, the Defendant’s indictment on November 26, 2015, stating that the Defendant’s ownership of the land and the building on the land in Hongcheon-gun G, which is the actual owner, shall be transferred to the victim company, is clearly written as the “restatement agreement” and thus, it is apparent that the Defendant’s correction is a clerical error as seen above.
A provisional registration on the basis of the reservation for sale was made in the name of the victim company in the above G land and its ground building.
On March 2016, the Defendant called “F to pay KRW 34 million for the above oil price settlement obligation, and KRW 100 million for the settlement of accounts related to the creation of the above electric source housing site by selling the above land and the above provisional registration in the name of the victim company established in the above G land and the above provisional registration in the name of the victim company established in the above land and the above ground building.”
However, even if the above provisional registration is cancelled, the defendant provided the above land and buildings as collateral and borrowed money for the purpose of repaying his/her separate debt, and he/she wishes to repay the above debt of KRW 134 million to the victim company by selling the above land and buildings on the ground.