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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 a person who runs a stock company E established for construction business, etc.
[2013 Highest 2316] On July 23, 2012, the Defendant prepared a sales contract stating that, at the office of the company located in the foregoing building in Kimhae-si around July 23, 2012, the Defendant offered H 101 Dong 301 as security against G’s debt amounting to KRW 50 million and that, at the request of G, the victim I who acquired G’s credit as a seller would have been paid the sales price of KRW 110 million in full, and thus, the Defendant did not offer or transfer the said subparagraph 301 as security to another person. However, even if the Defendant did not offer or transfer the said duty, it did not offer or transfer the entire H as security at the Kim Jong-dong branch in the Korean bank Kim Jong-si, located in Kim Jong-si, Kim Jong-si around January 23, 2013, the Defendant was granted a loan of KRW 1.6 billion and loans of KRW 301,500,000,000.
Accordingly, the defendant acquired the benefit corresponding to the security value of the above 301 and suffered the loss equivalent to the same amount to the victim.
[2013Kadan3731] The Defendant was awarded a contract for the sewerage construction from E to E on December 16, 2011, but the construction amount was only 2773 million won, and the Defendant again awarded a subcontract for the steel reinforced concrete construction works to J company in an amount equivalent to 15,9880,000 won, without directly performing the construction. As to the claim for the construction payment of the above sewerage, the obligee K provisionally attached the claim for the construction payment amount of 4,066 million won on April 10, 2012 with the claim for damages amount of 60,000,000 won on July 6, 2012, the creditor Kimpo-si did not have any intention or ability to pay for the above construction payment even if it borrowed money from the victim L.
Nevertheless, the defendant is at the office of the defendant's management, which is located in Kimhae-si F around June 2012.