Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

except that from the date of this judgment.

Punishment of the crime

1. Defendant A is a person who, without any equity interest in E Co., Ltd. (Representative F), has been trying to lend his business under the name of E Co., Ltd. with only the position of deputy president.

On June 24, 2014, the Defendant entered into a contract on the transfer and acquisition of a corporation and the transfer of business rights to all of the real estate and the shares of I Co., Ltd. under the pretext of the Defendant’s intent to carry on a loan construction project in the echeon-si Office located in the 5th floor of Bupyeong-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City (hereinafter “the instant real estate”) with the victim I Co., Ltd. (hereinafter “the instant real estate”).

The contents of the above contract are as follows: “The transfer price is KRW 2.2 billion, the intermediate payment is KRW 200 million, and the intermediate payment is KRW 1.1 billion within four months from the date of the contract (the succession of the community credit cooperative loan) and the balance KRW 900 million (the intermediate payment is KRW 700 million),” and “If it is difficult to maintain the contract due to the cause attributable to the representative director of the I Co., Ltd. after the payment of the contract deposit or the refusal of the authorization, it is difficult to maintain the contract, H shall immediately return the down payment and the investment money (one KRW 400 million) paid to the representative F of the E Co., Ltd. and may file a civil or criminal lawsuit at the time of the non-payment.” In the future, H decided to set up a collateral security under the name of E Co., Ltd.’s employee in order to secure the price to be returned by H at the time

On the other hand, around June 2014, the Defendant borrowed KRW 400 million from L on the grounds of the lack of business funds, and set the repayment date on August 30, 2014. On or around June 25, 2014, the Defendant agreed to set up a collateral on the real estate in question to set up a collateral security on the said real estate, and entered into an investment and an agreement with the Defendant that “a claim shall be immediately held during the auction when it is not repaid on the date of repayment.”

Since then, the Defendant thought that the above H’s real property was used as a security offered by borrowing L from L with the above KRW 400 million, but the Defendant’s obligation to return the down payment and the investment amount that H may bear.